A pensioner felled by a single punch was trying to help a woman being hassled by a defendant, a court heard today (tues).
Antrim Magistrates Court, sitting in Ballymena, also heard claims that having punched and felled Tony Miskimmon, alleged killer Marcus Fleming and a female who was with him blocked the woman from going to his assistance.
“They would not let the witness to the injured party to attempt first aid,” a detective told the court, “but she pushed past them both and commenced CPR.”
Sadly, 74-year-old Mr Miskimmon passed away from a subdural and subarachnoid haemorrhage four days after the incident.
Fleming, in custody but who has an address at Cedarmount in Antrim, is charged with Mr Miskimmon’s manslaughter on 6 November this year as well as three charges relating to criminal damage on 2 November.
The 21-year-old alleged killer lodged his first application for bail today (tues) but a detective said police were “strongly objecting” to the defendant being freed due to fears that he could commit further offences or breach bail conditions.
Opening the alleged facts of the case the officer said that according to the police case, it was around 7.30pm on 2 November when the female witness was walking along the Station Road and was approached by Fleming who asked her for a cigarette.
He was with a female and the pair were “shouting and cursing at each other,” said the officer adding that the witness declined to give Fleming a cigarette but he “approached her a second time, coming up in her face, asking for a light.”
Mr Miskimmon had been a short distance behind and as he told Fleming to leave the woman alone, “the witness saw him raise his hands as if to push the male away but she did not see him make any contact with Fleming.”
“The witness saw him punch the victim once to the face, causing him to fall straight to the ground,” said the officer and it was then, as Mr Miskimmon lay fatally injured that Fleming and the man with him allegedly tried blocked the witness from helping the pensioner.
Having left the scene Fleming was arrested around 9pm but he was “violent in the back of the cell van, causing considerable damage.
During police interviews Fleming admitted he had struck Mr Miskimmon but he claimed the pensioner had hit him first “so he hit him back.”
Turning to police objections the officer highlighted that Fleiming has almost 100 previous convictions including multiple entries for common assault and assaulting police as well as more than a dozen bail breaches.
That meant police had concerns about further offending and also a fear that Fleming “will not abide by bail conditions” and although he had proffered a bail address to live with his mother in Belfast that was also not suitable, said the detective.
Defence counsel Grant Powles opened his bail application by “first and foremost acknowledging the tragic circumstances in the background” but he submitted that as Fleming had raised a case of self defence “there will clearly be triable issues.”
That trial, Mr Powles submitted, is not likely to happen for a significant time and while the police view is that Fleming’s mother’s address is nit suitable, “the family and his mother specifically thought long and hard whether to proffer their support.”
He conceded that Fleming has a lengthy record including a suspended jail sentence imposed a few weeks before the fatal incident but the barrister suggested that would actually act “as an added safeguard” in addition to what no doubt would be other “stringent conditions.”
“This is a very tragic case obviously,” said District Judge Nigel Broderick, “a man has lost his life.”
The judge said while Fleming has a presumption of innocence, “he presented as someone with a violent history and a significant number of assaults” so coupled with his breaches of court orders “there is a significant risk of reoffending.”
Judge Broderick said he also “agreed with police concerns” that Fleming may not abide by bail conditions and that the address is not suitable.
Refusing bail and remanding Fleming back into custody, he adjourned the case to 21 January.
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