The twenty-five year old Irvinestown woman who appeared at Fermanagh Magistrates charged with the murder of 18-year old Garry Elliott, has this week been granted bail at Monday's sitting. Kerri Cassidy, with an address at Townhill Park in Irvinestown, appeared before this week's court via video-link for the hearing of her bail application.
At last Wednesday's Court, she was formally charged that between 23rd September and 24th September this year she murdered Garry Elliott. Detective Sgt Billy Cross told the Court he believed he could connect the accused with the charge. Her solicitor, Gary Smyth said he understood there was a Police objection to bail, and he suggested that the case should be put on Monday's list.
That bail application heard from Sergeant Cross who is part of the investigation team based at Gough Barracks, Armagh who are dealing with this case.
He told the court that on 23rd September, at approximately 11.30pm, police received a '999' call than a man had been stabbed at an address in Townhill Park in Irvinestown.
Police arrived and discovered Garry Elliott with a stab wound. Following enquiries, police discovered Elliott had been stabbed during an altercation with his partner, Kerri Cassidy.
The accused was interviewed and charged with murder.
The Court was told that a weapon had been seized by police but results on it were not yet completed.
When counsel for the prosecution asked the officer if he had any concerns about bail, Sgt Cross said he was worried about the accused interfering with witnesses for, he explained, witnesses to the case were all either relatives or neighbours.
Sergeant Cross also said there were some fears of flight, given the serious nature of the charge.
He was then asked if there were any conditions in which bail would be suitable, the officer said police were opposing bail.
Garry Smyth then asked the witness to confirm that his client had not been convicted of any serious offence. Sgt Cross confirmed this was so.
Mr Smyth also asked the police officer to confirm that the accused had co-operated with police during 10 interviews. This was also confirmed to the court.
Mr Smyth then submitted there was both a presumption of innocence and a presumption to bail in all such cases. The court also heard that all the significant witnesses in the case had already been interviewed. Mr Smyth added that his client was the primary carer for her young daughter.
A bail address was provided to the court which, it was stated, is out of the locality.
The Resident Magistrate John Meehan said that considering there was a child involved, that there were health issues here and the fact that the accused had no previous record, coupled with the time involved in this case coming to the courts and that the fact that the initial phase of investigations had been completed, all this would persuade him to grant bail in this case, subject to stringent conditions.
These were - that the accused must stay out of Fermanagh, except to attend court and see her solicitor. She must have no contact, either directly or indirectly, with any witnesses known to be involved in the case.
In addition, the accused must not consume alcohol and be subject to breath testing whenever required, she must report daily to her nearest police station and must surrender her passport. A curfew between 10.00pm and 7.00am was also imposed.
The accused was released on her own bail of £500 along with two sureties to appear before Fermanagh Magistrates Court on 15th October.