A 34-year old man awaiting sentence on charges including hitting a Pizza Express worker in the face with a bottle during an attempted robbery was refused compassionate bail on Tuesday.
An application to release Mark McClure on temporary bail for five hours this Thursday, to allow him to attend a scan with his pregnant partner was made, and rejected, at Belfast Crown Court. From Newtownards Road in Greyabbey, McClure - who is also known as Mark Pagendam and who attended today's hearing via a videolink with HMP Maghaberry - will be sentenced next month for two separate sets of offences he has admitted to.
On April 28, 2023 he attempted to rob a Pizza Express employee of his wallet as well as the content of the tills in the eatery and during this, McClure struck the employee with a bottle. In the aftermath of this, McClure then broke into a house on the Earlswood Road in Belfast where he caused thousands of pounds worth of damage.
McClure will also be sentenced for a total of five offences he committed in November 2023 including breaking into the Sugar Cane Cafe in Comber and stealing £100 and burgling Comber Tandoori where he stole cash and alcohol.
Launching the bid for compassionate bail, McClure's solicitor told Judge Philip Gilpin that his client was due to be sentenced at Downpatrick Crown Court on March 11.
Acknowledging that McClure "is about to face a significant sentence", his solicitor asked for compassionate bail to allow him to attend the scan at the Royal Victoria Hospital with his pregnant partner.
The solicitor said that McClure's father had offered a £1,000 cash surety to the court and that his sister would pick him up from Maghaberry at noon, drive the couple to the hospital and return McClure to custody at 5pm.
Saying it was the Crown's view that the application "does not meet the threshold for compassionate bail", a prosecuting barrister said police were objecting to McClure's release. Citing concerns of further offending and the risk of absconding, the Crown barrister said McClure has 130 previous convictions on his criminal record and a history of breaching bail which included cutting off an electronic tag.
She also told Judge Gilpin: "This is a man with a chronic drug problem and there are grave concerns that he will use the opportunity, whilst he is at liberty, to consume drugs which will lead to further erratic behaviour - and it is behaviour that is not merely self-destructive but it is violent towards others.
"The risk of re-offending and absconding is too high ... and there is absolutely no suggestion that any surety by any member of his family will hold any sway over this man, even for a short period of time."
After listening to submissions from both the Crown and defence Judge Gilpin said that whilst it was "obvious" why McClure wanted to attend the scan, he had noted concerns regarding McClure's previous breaches of bail and his issues with drugs as well as the police objections to his release.
The Judge said: "Unfortunately there is force in what the prosecution say in relation to these matters. It is the view of the court that this is not an appropriate application for compassionate bail due to his previous behaviours.
"The court's concerns are simply of too high a level to grant bail in these particular circumstances so the application is refused."
For all the latest news, visit the Belfast Live homepage here and sign up to our daily newsletter here
English (United States) ·