Northern Ireland

Murder accused refused compassionate bail

Murder victim Stephen Carson
Murder victim Stephen Carson Murder victim Stephen Carson

A 35-year old man in custody on a murder charge has been refused compassionate bail to attend a funeral.

David James Francis Smith - who along with his cousin Michael Smith has been charged with the February 2016 shotgun murder of Stephen Carson - asked to be released from prison to attend his aunt's funeral.

Mr Carson (28) was targeted by armed men who burst into a house in the Ormeau area of Belfast whilst he was eating dinner with his partner and a nine-year old boy. Despite trying to hide in a bathroom, Mr Carson was chased and shot through the bathroom door

Smith, from Monagh Drive in Belfast, has denied the murder and is due to stand trial with his cousin at Belfast Crown Court in October.

He was described in court as a "self-confessed heroin addict who has failed multiple drug tests in prison."

Telling Judge Stephen Fowler QC that releasing Smith was opposed, prosecuting barrister Philip Henry said it was the Crown's case that Mr Carson's death was linked to a feud between families, adding "the first victim of that feud was Kieran McManus, who was shot dead in Dominos car park where he worked, in 2013."

Murder victim Kieran McManus
Murder victim Kieran McManus Murder victim Kieran McManus

Regarding Mr Carson's murder, Mr Henry said the evidence against Smith was "compelling" and included a positive identification from Mr Carson's partner, as well as being linked to the car police believe was used in the murder.

Mr Henry raised concerns about Smith absconding and said the co-accused - his cousin Michael Smith - was released on compassionate bail to attend a funeral in March, and was subsequently at large for a month after failing to return back to prison.

A solicitor representing Smith said his client "wholeheartedly denies" involvement in both a feud, and in the murder of Mr Carson", pointing out Smith was never questioned or identified as a suspect in the murder of pizza delivery driver Kieran McManus.

Saying there were "triable issues" in the case against Smith for the murder of Mr Carson, the solicitor said the action of Smith's cousin when he was granted bail were "irrelevent ... as the only application before the court is this man's application."

The solicitor asked that Smith be granted compassionate bail "for a finite period in the presence of his mother" to allow him to attend the funeral of his aunt, who passed away on Sunday and whose funeral is taking place today.

Judge Fowler refused the application.

Murder suspect Michael Smith (38) was wrongly released from Maghaberry prison
Murder suspect Michael Smith (38) was wrongly released from Maghaberry prison Murder suspect Michael Smith (38) was wrongly released from Maghaberry prison