Despite police objections, a judge has granted bail for a man accused of domestic violence offences.
The man actively evaded arrest for some five weeks after an alleged attack on his partner.
Duane Francis Gerard Farry (32), of Ashfield Gardens, Fintona, is charged with two counts of assaulting a female and damaging a television and a door on January 14.
On February 21, Farry is accused of assaulting a police officer, having been detected after weeks of being sought.
A police officer told Dungannon Magistrates Court all charges could be connected.
She explained that the partner contacted police after the incident in January in which Farry allegedly became enraged and dragged her out to the balcony of her home and held her over it.
She managed to keep a grip, but was struck to the left side of her face, the court heard.
Police made numerous efforts “day and night” to track down Farry, including calling at all houses he was known to be associated with, and leaving messages with his solicitor, but to no avail.
However, officers carrying out a mobile patrol in Fintona spotted Farry, who promptly ran off.
One officer got out to speak to him while the other blocked his path with the car.
Farry ran at the officer, rugby tackling him to the ground, causing injury. The other officer provided assistance and Farry was arrested.
During interview, Farry stated his partner was drunk, and had fallen over a heater into the television, causing injuries to herself.
He added she had locked the door and he kicked it to get out of the flat, despite the damage being on the outside.
Opposing bail, the officer cited a risk of reoffending but accepted while there is a history of domestic violence between the couple, involving four separate incidents, these were “always withdrawn by the complainant before getting to court; one was of a very serious nature but did not proceed".
In response to an enquiry by District Judge Michael Ranaghan, the officer said there is bodyworn footage from the scene in which the complainant is extremely distressed, and images have been taken of her injuries.
It was also contended when Farry was finally arrested, he stated he did not live at the address registered to him, as “the back door is broken and there’s no heating, so he has been 'sofa-surfing' around friends’ homes".
The court further heard that although she is terrified of Farry returning, the complainant told police she was uncomfortable making a statement.
A defence barrister suggested bail could be granted, but acknowledged Farry is wanted for driving matters in the Republic.
One of the bail conditions in that was a ban on leaving Donegal, and since then a bench warrant has been issued.
“While this is a double-edged sword, it gives my client a reason not to abscond, as he is actively being sought.”
The defence added while he was aware this is a domestic violence matter, there is no statement from the injured party, and it does not appear this is going to change.
Judge Ranaghan pointed out the case may go to Crown Court given some of the allegations, particularly around the alleged incident on the balcony.
He said: “The usual position in any domestic violence case is to refuse bail. However, I have to assess the evidence, and it appears unlikely this will ever reach court, or if it does it will be very difficult getting off the ground.
"There was an alleged previous domestic incident which was not proceeded with for the same reasons.”
Judge Ranaghan decided bail could be granted in the sum of £500, with Farry to reside at an address approved by the police, and banned from contacting the injured party and entering the area of her home.
Farry will also be electronically tagged and abide by a curfew from 10pm to 7am.
The case is next due for mention at Omagh Magistrates Court on March 22.
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