A 30-year old Belfast man facing charges including the non fatal strangulation and false imprisonment of a woman in her own home was granted bail today (Thursday).
Despite police objections, David Kinnaird, from Upton Court, was released from custody. Prior to granting the bail application at Belfast Crown Court, Judge Sandra Crawford was addressed by a prosecuting barrister and Kinnaird’s solicitor.
Telling the Judge the application was being opposed, the Crown barrister said that Kinnaird was facing six charges dating back to last March and April. These charges, she said, included non fatal strangulation, false imprisonment, assault and criminal damage.
Regarding the offences alleged to have been committed on March 13, 2024, the prosecutor said a female claimed that after her and Kinnaird had a verbal row in her home, he prevented her from leaving the property.
The woman also claimed that as she was trying to leave, Kinnaird slammed a door on her hand, broke a pane of glass, punched her several times in the ribs and choked her to the point where she lost consciousness.
The Crown barrister added that the woman also alleges Kinnaird damaged a TV in the property and that “she attempted to leave the property around noon but was told she wasn’t allowed to leave and only was allowed to leave at 4.30 in the afternoon when he left”.
In addition, the woman claims that on April 2, 2024 she received a voice message via Instagram and the male caller - who she said was Kinnaird - made a threat towards her and was abusive.
Telling Judge Crawford the alleged offences occurred when Kinnaird was on bail for “domestic-related” charges against another female, the Crown barrister said the defendant had breached bail in the past.
Having been granted bail for the alleged offences last March and April, Kinnaird breached conditions imposed by calling at the alleged injured party’s home. He was also absent from his bail address when police called and was subsequently returned to custody.
Regarding this application for bail, the prosecutor said police had concerns regarding the proposed bail address which is in close proximity to the property where the alleged offences last March occurred.
The prosecutor added that the alleged injury party “has expressed her concerns to police about being concerned about retaliation from the defendant as a result of her complaint against him”.
Pointing out Kinnaird had breached bail previously granted by calling at her home last June, the prosecutor added: “It’s the police’s view that the defendant has shown repeatedly that he is unable to comply with bail conditions. The police position is that bail is strongly opposed ... they are very concerned about the risk this defendant poses to this injured party.”
A solicitor acting for Kinnaird addressed the breach in June 2024 when his client called at the woman’s home.
He told Judge Crawford: “My instruction in relation to that specific breach is that there was no exact malice intended in going to that address. He should never have been there in the first place ... his instruction is that he went to that address to pick up items of clothing.”
The solicitor said that if granted bail, an exclusion zone could be imposed and that Kinnaird “knows that he had to stay away from that address” and “understands” he cannot have any contact with the alleged injured party.
The solicitor spoke of issues Kinnaird has with alcohol and poor mental health.
He added that Kinnaird’s time in custody has been a “very reflective experience” and that he now realises the detrimental affect his alcohol intake is having.
After listening to submissions from both the Crown and defence, Judge Crawford said that whilst Kinnaird was facing serious charges, she was prepared to give him “a last chance”.
Granting the application to release Kinnaird - who attended the hearing via a videolink with HMP Maghaberry - Judge Crawford warned him that if he committed any further breaches he would be returned to custody.
The conditions of bail include residing at the proposed bail address and adhering to an exclusion zone which encompasses the area where the alleged injured party lives and which Kinnaird is banned from entering.
English (United States) ·