Two charged with murder over attack in Portaferry street
TWO men have been charged with the murder of a man who was attacked in Portaferry.
Standing side by side in the dock at Newtownards Magistrates Court, 28-year-old Robert Kiernan and Jordan Donnelly (19) were jointly charged with the murder of Ryan Macrae on October 14 this year.
It’s the second time that Kiernan, from Portaferry but now with an address on the Princetown Road in Bangor, and Donnelly, from Arlington Park in the harbour town, have appeared in court on charges arising from their alleged attack.
Last Monday, the pair were originally charged with causing grievous bodily harm to 32-yearold Mr Macrae with intent.
But tragically, he succumbed to his injuries and passed away in hospital on Tuesday evening.
A labourer and guitar player from Killyleagh, Mr Macrae was allegedly attacked in the Church Street area of Portaferry just before 1am on Sunday, October 14.
Last Monday, the court heard how he sustained serious injuries during the assault outside the Fiddler’s Green in the Co Down town when he allegedly had his head smacked against a brick wall after being kicked and punched in an altercation captured on CCTV.
Despite police objections, Kiernan and Donnelly were freed on bail at that time, only to be re-arrested following their alleged victim’s death.
In court yesterday, a Detective Sergeant Kenny testified that he could connect the men to the offence.
He added that police were objecting to bail as they believed that Kiernan and Donnelly were a flight risk, now they were facing a murder charge.
He claimed it was a “very strong police case, a very straightforward case” against the alleged killers, revealing that not only was the entire incident captured on “very clear CCTV” but that the defendants had “made admissions” during police interviews.
DS Kenny told District Judge Mark Hamill the assault was “basically one blow to the head which made the injured party
fall directly to the ground, banging his head”.
“That was followed up by ... two stomps to the injured party’s head as he lay on the ground, followed up by the defendant grabbing him and banging his head on the ground.”
The detective described the incident as a “fairly serious, vicious assault”.
Mr Hamill warned: “People who stamp on people’s head while they’re on the ground definitely go to prison.”
The judge asked what had changed since Monday when his
colleague District Judge Amanda Brady had granted bail. The officer agreed it was Mr Macrae’s “tragic death” which had changed the complication of the case.
He said as well as police fearing the pair might flee, “tensions in this area are quite high” so he was seeking a remand into custody “for their own personal security”.
The officer confirmed to the judge that no appeal of Judge Brady’s decision had been lodged but added that had it been himself dealing with the case at that stage “I would have appealed it”.
Defence counsel for Donnelly, Chris Holmes, said while the police claim they have a strong case, “there are definitely issues” which will have to be tried eventually, including Mr Macrae “being the aggressor on two or three occasions”.
He submitted that in contrast to police fears that Donnelly would flee, he had “taken himself to the door of Musgrave Street” police station when he heard of Mr Macrae’s death “knowing that they would be looking for him”.
Conor Holmes, acting for married father-of-two Kiernan, made similar submissions, revealing that his client was “absolutely distraught at this man’s passing”.
“This is not a clear-cut case,” declared the lawyer.
Coming to his conclusions, Judge Hamill said he did not see any increased risk of flight and that apart from the fact “that this poor man is dead, the other fundamentals (of the case) are the same”.
“Judge Brady made a decision and the prosecution did not appeal,” said the judge, adding that for him to remand the two defendants into custody would mean second-guessing her reasons.
“I’m declining to second-guess Judge Brady,” Judge Hamill told the court.
Among the bail conditions, Donnelly and Kiernan are barred from alcohol and licensed premises, must adhere to a curfew and wear a tag. They are due back in court on November 16.