David Johnston murder case: stab victim allegedly threatened to rape brother's pregnant girlfriend
Published: 22 Oct 2012 17:20
In a final phone call to his mother and sister, David Johnston said: "I'm dying here, I'm losing blood."
His older brother, 33-year-old Raymond Johnston, of Abbey Drive, Enniskillen, is charged with murdering him in the early hours of the morning following the Twelfth of July.
He appeared at Fermanagh Court by video link from Maghaberry Prison and was granted bail of £5,000 with two sureties of £10,000, one of which must be in cash.
Police had objected to bail on the grounds that Johnston could interfere with witnesses, including his partner, mother, sister and dead brother's girlfriend.
A detective constable involved in the investigation said they were also concerned that he would flee the jurisdiction as he lived close to the Border with the Republic of Ireland and his partner was from Latvia and he had visited Latvia.
She added that police feared he would commit further offences.
The court heard that the police could not submit a full file in the case to the Public Prosecution Service until after a post mortem has been completed and that the pathologist has requested a full toxicology report on the dead man. That report was scheduled to take four months from the date of Johnston's first court appearance in July.
Responding to questions from defence solicitor, Mr. Richard Monteith, the detective said the brothers were not drinking together on the Twelfth but met up afterwards.
The officer agreed that police found Johnston at his home.
Mr. Monteith said Johnston's last recollection was that his brother was holding a large knife in his hand and threatened to rape his fiancee and cut him "like a fish".
He submitted that in the final phone call to his mother and sister the dying man "attributed no blame".
Mr. Monteith said Johnston's fiancee was expecting their second child in early December and that was one of the main thrusts of the bail application, to allow the defendant to reside at an address with her and their son.
He suggested it could be 2014 before the case came to trial.
District Judge Liam McNally said there certainly would not be a trial before Easter of next year.
He said there was a presumption of innocence and a presumption in favour of bail.
He granted Johnston bail on condition that he surrenders his passport, lives at an address at Derrin Road, Enniskillen, abides by a curfew from 10pm until 7am, wears an electronic tag and reports to Enniskillen Police Station three days a week. He is also banned from drinking alcohol and entering licensed premises, must submit to a preliminary breath test when required and have no contact with his dead brother's girlfriend.
Johnston is due back before the court on November 19.