Judge gives man one final chance to comply with bail

A 26-year-old Derry man who breached his bail conditions has been given “one final chance” by District Judge Anne Marshall.

James McColgan of 240 Bishop Street, was given conditional bail at a previous court hearing.

A PSNI constable told the court that in addition to not entering licensed premises, McColgan had been ordered not to consume alcohol.

He said on February 11 McColgan had been arrested for having excess alcohol on his breath.

Under further questioning by a defence solicitor, the constable said the defendant was located on Strand Road after a taxi driver had been sufficiently concerned about McColgan’s condition and raised the alarm because the 26-year-old was unconscious.

Police who tended to McColgan noted that he was so intoxicated he was unable to stand and barely able to converse.

It was only when he was identified that the breach was flagged up.

McColgan had been unable to comply with a request for a preliminary breath test such was his state.

The defence solicitor said the original matters for which bail was imposed related to October 26 last year.

McColgan has been arrested for having diazepam in his possession, but this drug was prescribed for him.

The constable said he had not been aware of that fact.

The solicitor said this was his client’s first breach of bail in three-and-a-half months. He had consumed one and a half cans of lager and this had kicked in along with his medication before he got out of the taxi.

He said his client had an issue with alcohol consumption which was causing concern for those nearest to him and that he was attending a doctor.

Granting the defendant his own bail of £250 with stringent conditions, the District Judge said she was “minded to have him one opportunity” and warned him that if he breached his bail terms again he would go into custody.