A man awaiting trial for badger baiting and associated charges following a PSNI swoop into animal cruelty has failed in a bid to relax his bail conditions.

Jason Lee Kennedy (35) from Marble Arch Road, Enniskillen is alleged to have caused suffering to badgers and cats through baiting and fighting which he recorded and supplied to others.

He appeared in the dock of Dungannon Crown Court accused of 18 charges in total involving six counts each of causing unnecessary suffering to animals, causing or attempting to cause an animal fight and being present at an animal fight.

Offending is alleged to have occurred on both June 28 and July 4 2022.

The causing of unnecessary suffering relates to badgers and cats.

The charges state he intentionally killed a badger and the counts of intentionally injuring also relates to badgers.

Finally, he was alleged to have been in possession of three live badgers and one dead.

While further details of the case have not yet been disclosed, police at the time of confirmed Kennedy was arrested in the Derrylin area of Fermanagh on 7 March 2023 when a number of dogs were also seized as part of the investigation.

Prosecution counsel Simon Reid previously informed the court video footage of the alleged cruelty is “understood to be quite distressing” and a statement is to be compiled setting out the content.

The case was adjourned for a trial date to be fixed however Kennedy returned to court today (Wednesday) to apply to have his electronic tag and 10pm curfew removed.

Defence counsel Ciaran Roddy contended: “There are significant restrictions on the defendant’s liberty which was deemed necessary at the outset. This has been ongoing for around a year with no breaches or reoffending. Given the good compliance shown and the presence of other bail conditions which would ward against the likelihood of reoffending, I submit the tag and curfew are no longer necessary. He still isn’t allowed possession of any animal which goes to the core of risk although the prosecution will say reoffending is greater in hours of darkness.

Judge Fiona Bagnall noted badger-baiting happens at night: “Which presumably is why the curfew was put in place, so he wouldn’t be endeavouring on this activity.”

The defence replied: “The case isn’t exclusively related to cruelty to badgers. There are other animals involved that aren’t nocturnal. The bail condition of not having any animal would be sufficient. There is no previous conviction for this type of offending and his record his largely for motoring matters.

Opposing this Mr. Reid pointed out while Kennedy’s record of 31 convictions is mostly for driving offences. “The tenor of it someone who doesn’t comply with road traffic legislation or court orders to the point judges have moved towards custodial sentences, albeit suspended. The conditions in place are to protect other animals and if the allegations are true, they involve serious acts of cruelty, occurring in darkness. The fear is an opportunity for reoffending.”

Mr. Reid concluded: “One could perhaps wonder, in a cynical way, what is the purpose for asking for this bail variation, as it has no real significant impact on a law-abiding lifestyle.”

Judge Bagnall refused the application stating: “The terms are entirely appropriate and I consider it essential the curfew and tag remain in place given the nature of the offences.”

The case is due for mention again next month.