Short bail for man accused of murder

Short bail for man accused of murder

7 November 2012

THE Dundrum man accused of murdering his cousin during a late night fight in Ballynahinch has been granted bail to visit his new-born son.

John Foster was granted bail of several hours last week after an appeal to the High Court. Foster (30) of Carrigvale, is accused of murdered Clough man David Mills during an incident in Ballynahinch’s Dromore Street on September 29.

Mr. Mills, a painter and decorator, had been out celebrating with members of the Drumaness cricket team he played for after the club avoided relegation at the end of the season. He died in hospital from injuries he received in an attack in the early hours of the morning.

During the bail application prosecution barrister Kate McKay said CCTV images of the attack show Foster punching Mr. Mills up to 14 times.

Mr. Mills had been on his way to get a Chinese takeaway when he met Foster, Mrs. McKay explained. Foster swore at Mr. Mills who then walked after him and some sort of fight occurred.

“This applicant punched the deceased and he fell to the ground,” said Mrs. McKay. “It would appear there were a number of punches, namely 14 punches, while Mr. Mills lay on the ground.

“At one stage he was seen to lift the deceased up and throw him back down again.”

CCTV cameras captured the incident, with operators reporting it to the PSNI. Police officers discovered Mr. Mills lying unconscious and covered in blood. He was given emergency first aid and taken to hospital, but died the following morning.

After his arrest Foster urged police to check the CCTV footage, claiming he was jumped first and then acted in self-defence, the court heard. Mrs McKay confirmed that Foster and the victim were known to each other.

“It appears there was some kind of feud the police were aware of, but they don’t really know the details,” the barrister added.

She said police had concerns for Foster’s safety if he was granted overnight bail, due to feelings in the community. Comments about him posted on Facebook could be interpreted as threats, the court was told. Defence counsel Noel Dillon said Foster claims Mr. Mills had behaved threateningly towards him. He contended that the victim approached his client before the two men start to fight and rolling around on the ground. “This is not a case of stamping or kicking or any weapon used,” Mr. Dillon stressed.

Granting compassionate bail, Mr. Justice Maguire emphasised that he formed no view on guilt or innocence. He ruled that Foster could be released for a period of hours, with an alcohol ban imposed during his time outside custody.