A DISTRICT judge has criticised the legislation around Covid-19 regulations breaches after two Enniskillen people – one of whom knew he had tested positive – were charged but could not be remanded in custody, despite intentionally gathering to hold parties.

Shania Devenney (21), of Kilmacormick Drive, and Nathan Maguire (20), of Carnmore Lodge, were arrested after police were alerted to anti-social behaviour.

Both are charged with contravening Covid-19 restrictions and have had numerous fines handed out since last month.

A police officer told Dungannon Magistrates Court the charges could be connected to each accused.

She explained there have been ongoing issues with parties at Devenney’s address and since the beginning of January alone there have been 16 occurrences, including people being taken to hospital with suspected drug overdoses.

Having received a further report on January 18, officers discovered Devenney under the influence of drink and drugs.

Maguire was located hiding behind a sofa, who disclosed he had tested positive for Covid-19, and despite being told to isolate had failed to do so.

Two other males were discovered in a bedroom, one of whom appeared very pale and sweating. He was unresponsive and an ambulance was called to transfer him to hospital.

Maguire was noted to have two previous Covid-19 tickets and has been reported for another breach.

Devenney also has two previous tickets and two further matters have been reported for prosecution.

Following arrest, both defendants were transferred to a specialist police custody suite in Belfast.

Self-isolate

Five police officers have since had to self-isolate as a result of attending with Maguire.

The court heard the pair are continually breaching regulations, and fail to adhere to previous actions or warnings.

Devenney’s address has been an ongoing issue with house parties involving large gatherings of youths, with regular and new people frequently in it on a nightly basis.

She has made it clear she has no intention of abiding by regulations.

Police did not object to bail, to which District Judge Michael Ranaghan said: “I cannot consider remanding in custody as these matters are fine-only.

“The powers-that-be made a significant error when drafting legislation in making these fine-only offences.

“Had I the power to do so, I would definitely be remanding these two in custody.

“They are a danger to all, including themselves, and more importantly, to every police officer who has to deal with them.”

He granted bail at £300, with a prohibition on alcohol and non-prescribed medication, but rejected a curfew from 11pm-7am, stating: “That’s far too generous.

“If they breach bail, the court has an opportunity to keep them in custody.

“I’ll make it 9pm to 7am. They must abide by all Covid-19 regulations, and there’s not a hope in hell of them doing that.”

The case has been listed for mention at Enniskillen Magistrates Court next month.