Daily Mirror (Northern Ireland)
Pitt Park accused Matthews denied release over address
Home owner has ‘criminal record’
A MAN accused of taking part in a gathering of up to 60 masked men must remain in custody, a High Court judge ruled yesterday.
John Larkin argued David Matthews, 34, should be granted bail amid “evidential and doctrinal frailties” in the case.
But Mr Justice Mcfarland refused to release him to stay at the home of a man said to have an extensive criminal record. He said: “I do not believe this address is suitable.”
Matthews, of Millreagh in Dundonald, faces charges of unlawful assembly and affray in connection with the incident at Pitt Park, East Belfast, last month. His father, Stephen Matthews, 58, of Pansy Street in Belfast, and Derek Lammey, 56, from Spring Place in the city, are also in custody accused of the same offences. They all deny involvement.
Previous courts were told the gathering on February 2 was linked to a suspected UVF show of strength.
Prosecutors claimed 11 people fled to a nearby community centre and remained there for up to eight days under police presence.
But defence lawyers claim new information questions the suggestion residents were forced to take shelter. They added none of the defendants are charged with membership of an illegal organisation. Mr Larkin said: “The paradigm of affray is unlawful fighting, such as would put a hypothetical bystander in fear.
“One doesn’t have to delve pretty deeply into the facts, as presented at this stage, to realise we are an enormous distance from the classic core of the common law offence of affray.
“It is a case with not merely an obviously evidential frailty, but more importantly a fundamental doctrinal frailty.”
But the judge denied bail due to the convictions of the man living at the proposed address. He said: “It is occupied by a man I regard as not appropriate for someone to reside with Matthews.”