Derry Judge says he will witness summons surgeon

Derry CourtA judge at Derry Magistrate's Court has said he will reluctantly witness summons a surgeon if he does not make contact with the PSNI.

The comments by District Judge Barney McElholm came during a bail application by 21 year old Aaron Hyland, whose address was given as Cranbrook Court in Belfast and is charged with raping a woman in Derry on October 3 last.

During the bail application a detective told the court that the prosecution case was 95% complete but that they had been unable to contact the surgeon who had treated the alleged injured party.

Opposing bail, the detective said that Hyland had 67 previous convictions, and also said that there was a risk to Hyland if he was released, and the police fear is he would abscond.

In response to a defence barrister the officer rejected a suggestion from the defence barrister that police were 'meeting a wall of silence from the surgeon.

The barrister also called into question the nature of the threat against Hyland but District Judge Barney McElholm said that this defendant had been threatened in open court in front of him.

Judge McElholm said that it was 'concerning' that the medical report was taking so long.

He refused bail for Hyland due to the risk of re-offending and said he would impose a short adjournment and added: "If police by that stage have no medical report I will have no option but to witness summons the doctor.

He adjoined the case until April 9th.