Police at the scene of the murder at Ratheen Avenue, Cookstown.
The son of a seventy-seven-year-old woman charged with her murder has been refused compassionate bail to be released from prison to attend her funeral on Friday.
Barry Noone (45) from Ratheen Avenue, Cookstown was arrested at the scene after friends alerted police to concerns for his and his mother’s welfare on 19 June.
Officers discovered Margaret Una Noone deceased in her bedroom while her son was in another room, having taken an overdose.
A letter penned by Noone, explained he had returned home to care for his mother in April, but he couldn’t go on any longer and didn’t want her struggling alone.
While in custody, he gave generally ‘no comment’ replies to questions, but did say, “I accept my actions leading to my mother’s death.”
Noone appeared in court by video-link on Tuesday, when he was remanded in custody but under strict orders to be urgently psychiatrically assessed.
However the case returned to Dungannon Magistrate's Court where an application was mounted for compassionate bail to attend his mother’s funeral.
A detective constable, strongly opposed stating she could only agree if prison staff escorted Noone, something District Judge Peter Magill said wouldn’t happen.
She acknowledged Noone has strong family support but stated: “We don’t believe they could adequately protect him. He has attempted suicide and remains very mentally unwell.”
A defence barrister accepted there are serious issues but requested Noone be released for a few hours, into the care of two supporting individuals, to pay his respects, go to the funeral and return to prison.
“If police need to be there, so be it, That is not opposed. The court has an arsenal of conditions at its disposal,” said the defence.
Judge Magill responded, “I’m not satisfied with this. Let’s be realistic. If I grant bail, the police will appeal it anyway. I am refusing compassionate release to allow the defence to go straight to High Court to appeal my decision.”