Breached bail by contacting brother

A man who breached his bail by being in the company of his brother has been warned not to have any further contact with him.

John Paul O’Hagan, of Carnhill, has pleaded guilty to assaulting a woman and making a threat to kill her on June 10, last year.

O’Hagan received a six-month sentence last month after pleading guilty to the charge.

However, he has been released on bail pending an appeal of this sentence.

The appeal hearing is due to take place in March and O’Hagan was released with a number of conditions.

One of these was to have no contact with his brother.

However, Derry Magistrate’s Court heard the defendant was in the company of his brother when police were called to a domestic incident earlier this week.

O’Hagan was requested to leave the property after he got into an argument with his brother.

Police attended and when they discovered the breach of bail the 35-year-old was arrested.

Opposing bail, an investigating officer said the defendant has breached bail 11 times in the past.

He said these breaches involved O’Hagan being out past his curfew, not residing at his bail address and consuming alcohol.

However, he added the defendant had breached bail on two previous occasions by having contact with his brother, who was a co-accused in relation to the same incident.

Defence counsel Eoghan Devlin said the only reason the condition was imposed was to stop them ‘collaborating with each other’ prior to any contest.

He said O’Hagan has now pleaded guilty to the allegations and has been sentenced and it is ‘not a situation where anyone can be interfered with’.

Mr Devlin added there is no suggestion the 35-year-old had any contact with the injured party during the time he has been on bail.

District Judge Oonagh Mullan told the defendant ‘this was foolish of you’.

However, she said she was prepared to re-release O’Hagan on bail on the same terms and conditions.

The judge warned the 35-year-old: “If you breach bail between now and March 5 you will be remanded in custody. You mustn’t be in contact with your brother again.”

The defendant was released to appear at the county court next month.