Odhrán Kelly: Lurgan man accused of murder denied bail for a third time

Shane Harte, aged 32, from Headington House, appeared at Craigavon Magistrates Court via video link from Maghaberry Prison, to apply for bail which was opposed by the PSNI.

-

-

A detective sergeant told the court that on December 3 last year, firefighters responded to reports of a car on fire near a block of flats at Edward Street.

"As the fire was extinguished, a body was found beside the car,” the police officer. Police went to Flat 128 and found blood on the door and within the flat. At No 124, the flat occupied by the car’s registered keeper Andrea Stevenson, they found two females and one male who were all arrested.

"The investigation revealed that a horrific attack was inflicted inside flat No 128,” she said, adding that a number of weapons, believed to have been used in the attack, were found inside flat No 124. The officer said Harte was arrested on suspicion of murder on December 6, 2023 though was initially sought as a witness.

She said Harte told police he was in Flat 128, which belonged to co-accused Gary Scullion, on two occasions on Sunday, December 3.

The court heard Harte was shown CCTV and he confirmed it was him arriving at the flats on December 3, 2023 at 12.08am – the first visit – leaving at 12.29am and for a second time, arriving at 1.44am and leaving at 3.21am – staying at the flat for one hour 37 minutes.

"He stated that he stood the whole time chatting to Gary (Scullion). Shane maintained in interview that he did not see Odhrán in the flat. He did not see any attack on Odhrán or play any part in the murder of Odhrán,” said the officer who added that Odhrán arrived at Scullion’s flat alone at 1.13am and is not seen alive on CCTV again.

She said that CCTV footage at 4.11am appears to show a body being carried by three people from the flats. Police say this is Odhrán and the three people carrying the body are all co-accused of Harte.

The officer also outlined a timeline incorporating the CCTV footage and telephone calls. At 1.14am Odhrán Kelly enters the flat and at 1.45am Harte was captured entering the flats wearing a puffer-style jacket.

“There’s telecom evidence that shows that Shane Harte phoned Gary Scullion at 1.45am and we believe that was to gain access into the flat,” said the officer.

She added that from 1.14am, police believe that Scullion and Mr Kelly were in the flat and it is 36 minutes later that Harte arrives.

The next time of relevance is 3.05am when Andrea Stevenson, a co-accused, calls Scullion’s mother to report a disturbance from Flat 128.

At 3.10am, Stevenson calls Scullion four times in relation to the disturbance. “There are other phone calls to other witnesses at 3.12am from Stevenson. At 3.15am another witness calls Scullion. At 3.21am Harte leaves the flats alone wearing the same clothing as before. At 3.23am a witness arrives at the flats but doesn't get in.

The detective said that the witness, who arrived at 3.23am, received a phone call from Harte at 4.06am speaking to him for 57 seconds. Harte denied making that call during interviews.

The detective revealed the Harte initially claimed he went to Scullion’s flat on the second occasion to find his mobile phone and maintained this stance until he was shown CCTV.

At that point Harte changed his story claiming he went to Scullion’s flat on the second occasion to pay off a £250 drug debt. Phone data shows contact between Harte and Scullion’s phones but Harte claims he couldn’t remember the calls.

"Police say Harte was in that flat for an hour and 37 minutes and we believe Odhrán Kelly was in the flat and he (Harte) has maintained he didn’t see or speak to Odhrán in that time,” said the officer.

The court heard that despite searches, the puffer jacket has not been found. Also that, on what was claimed to be a pre-arranged trip to Galway, Harte bought clothing and footwear which police believe was to replace the clothing he was wearing on December 3.

"Police firmly believed we can link Shane Harte to the murder of Mr Kelly,” she said. “The death inflicted on Mr Kelly was extremely violent with weapons used to cause fatal injuries. The circumstances of this case would show that Shane Harte is a dangerous individual.”

The officer also voiced fears that Harte is a flight risk due to his trip to Galway following the murder. It was also revealed that a factory reset was performed on Harte’s phone, deleting all data, while he was in custody and police believe someone was instructed to do this.

Following questions by District Judge Michael Ranaghan, the detective said some of Harte’s clothing was seized by police and forensically tested with a negative result.

The officer confirmed, following questions from Harte’s defence lawyer, that there was no forensic link to him and the weapons found at the flats.

Harte’s lawyer said: “This defendant was initially a witness for good reason. There’s absolutely no evidence of him being involved in a serious, horrific assault on the deceased.

“Yes, lies have been told and we accept lies have been told, but lies are not evidence of guilt,” said the defence lawyer.

He added that Harte went to Galway with his girlfriend and returned but ‘didn’t shy away’ from the investigation.

The lawyer added that CCTV footage provides evidence in favour of the defendant because he was not carrying out the body of the deceased.

District Judge Michael Ranaghan refused bail due to a risk of further offending, also based on the defendant’s criminal record, the seriousness of the offence and the change to the defendant’s account of what happened.