Man who identifies as a woman is sent to male prison after being charged with assault

​​A trans person who identifies as a woman has been remanded to the men’s prison HMP Maghaberry after he was charged with assault.

Appearing by video link from police custody at Ballymena Magistrates Court on Saturday, 37-year-old Jonathan Kelly Agnew confirmed his identity and that he understood the single charge against him.

Maghaberry Prisonplaceholder image
Maghaberry Prison

Agnew, whose address was given as c/o Causeway Hospital in Coleraine, faces one charge of common assault on 22 May this year.

At the outset when the case was called, defence counsel Grant Powles told District Judge Nigel Broderick “just so you are aware the defendant identifies with female pronouns and her name is Blu Thompson.”

“So why does the police think that they’re Jonathan Agnew,” the judge asked and Mr Powles confirmed “she is transitioning.”

The judge also queried “how should I refer to them…Miss Thompson?” and the barrister told him, “yes, or Blu.”

Giving evidence to the court Constable McMonagle said he believed he could connect the defendant to the offence, adding that police were objecting to bail over an issue concerning the address.

“The main reason for the overnight charge,” he told Judge Broderick, “is that the defendant was residing on the Ross Thompson ward in Causeway Hospital and as a result of the incident, she has been discharged.”

“If there was another address there would be no issue with her being released,” the officer added.

He told the court the alleged victim is also an inpatient on the mental health ward and Mr Powles said Thompson had been on the ward for the last four years.

Although Thompson was granted bail in the sum of £500, Judge Broderick made it a condition of bail that he can only be freed once there was an approved address to go to.

In addition, he also ordered that Thompson is not allowed back on to the mental health ward while the complainant is still a patient.

With the case adjourned to 2 June, Mr Powles assured the court that Thompson’s defence team are “trying to secure an address given the issues in the background.”

Remanded into custody bail fixed, Thompson was taken to maximum security men’s prison HMP Maghaberry on Saturday.

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