Belfast man charged with stamping on pregnant teen's head to challenge police over bail decision
A north Belfast man charged with stamping on a heavily pregnant teenager’s head has obtained High Court permission to challenge the PSNI for overturning a decision to release him on bail.
Owen Johnston was granted leave to seek a judicial review of the alleged interference with an initial determination that he could be freed from police custody.
The 21-year-old, of Cu Chulainn House in the New Lodge area, is facing prosecution on counts of false imprisonment, attempted grievous bodily harm and assault occasioning actual bodily harm.
Johnston was arrested in February last year amid claims that he subjected a young woman to a violent attack at his flat.
Previous courts heard how a neighbour heard the female screeching for help while prevented from leaving the property. At that stage she was aged 17 and more than 30 weeks pregnant.
Police subsequently located the teenager at her own home in a badly injured state, with bruises to her face and body and bald patches on her head.
She claimed Johnston had become angry during an argument, knocking her to the floor and stamping on her head when she tried to get back up. According to the teenager’s account he continued kicking her as she put her hands over her head for self protection.
During the alleged assault she was punched repeatedly and grabbed by the hair before neighbours were alerted by her screaming at him to stop.
Johnston now contends that he was unlawfully detained by the PSNI following the decision to charge him.
The High Court was told that a custody sergeant initially determined he could be released on bail at that stage.
But after an investigating officer requested a review, a superintendent intervened to direct he should be held in custody, according to Johnston’s case. He currently remains on remand in prison awaiting trial.
Lawyers representing Johnston argued the decision to overturn bail granted to him at the PSNI station was irrational and procedurally unfair.
The move represented a breach of the Police and Criminal Evidence (NI) Order 1989, they claimed.
Following legal submissions Mr Justice McLaughlin held that an arguable case of alleged illegality had been established. The case will now proceed to a full judicial review hearing later this year.
Speaking outside court, Johnston’s solicitor Owen Beattie welcomed the ruling. Mr Beattie predicted: “The outworkings of this judicial review challenge will have far reaching implications for clients in police stations across the country.”