Murder accused says he punched victim but they made up later, court hears

By David Young, PA

A man charged with the murder of Barry Furfey told police he punched him twice on the night in question but insisted the blows were not full strength, a court has heard.

Jamie Lawrie Spence (37) and Melissa Atkinson (38) both appeared before a district judge on Wednesday charged with the murder of Mr Furfey in Lisburn on Monday.

Spence, who is from Belfast but of no fixed abode, and Atkinson, from Wardsborough Road in Lisburn, were remanded into custody for four weeks at a hearing in Craigavon Magistrates’ Court.

The court was told that Spence claims he and Mr Furfey made up after he punched him and that his fatal injuries were sustained in a later incident when Mr Furfey fell off a chair.

Mr Furfey was discovered seriously injured in the Wardsborough Road flat where Atkinson lives in the early hours of Monday. He died hours later in hospital.

The accused appeared in the dock before district judge Michael Ranaghan on Wednesday morning where they spoke briefly to confirm they understood the charge they both face.

A police detective inspector told the judge she could connect both accused to the murder.

Legal representatives for Spence and Atkinson did not challenge the basis upon which the officer connected their clients to the charges.

No bail application was made on Spence’s behalf and he was remanded into custody until October 13.

Mr Spence admitted that he had punched Mr Furfey twice in the face following an incident where he alleged Barry Furfey touched Melissa Atkinson's leg, but he said it was a punch that you would give your cousin, not a full-strength punch, and he didn't fall to the ground

A barrister representing Atkinson did apply for bail, prompting Judge Ranaghan to ask the officer to outline the facts and circumstances of the incident to the court.

The officer said that shortly before 1am on Monday police received a report from a security guard at the Wardsborough Road apartment complex about a man being unwell in one of the flats.

The incident was initially reported to the ambulance service as a potential drugs overdose.

Mr Furfey was found in the living room of a flat lying on his back.

“The court was told CPR was performed for one hour before he was taken to the Royal Victoria Hospital in Belfast and admitted to intensive care. He died at 6am the same day.

Bruising to Mr Furfey’s face and head were observed at the scene and staff at the hospital noted a head injury and bleeding from his throat, the court heard.

The detective said police at the scene observed Spence had swollen knuckles and also had blood on him, while Atkinson had bruised right knuckles and blood on her top.

The officer said both gave “full accounts” of the events, with both claiming that Mr Furfey had fallen off a chair.

“Mr Spence admitted that he had punched Mr Furfey twice in the face following an incident where he alleged Barry Furfey touched Melissa Atkinson’s leg, but he said it was a punch that you would give your cousin, not a full-strength punch, and he didn’t fall to the ground,” the officer said.

The detective added: “He alleges that there was a touching incident. He punched Mr Furfey twice in the face and after that they shook hands. Mr Furfey then is alleged to have fallen off the chair after that.”

Outlining Atkinson’s account, the officer said: “Ms Atkinson stated that she was not aware of any incident where her leg was touched and did not observe any assault between Jamie Spence and Barry Furfey. She maintained that throughout the interview process.”

The officer said Spence claimed in his interview that his co-accused was present when he punched Mr Furfey.

Atkinson’s barrister told the court that Spence had made clear in police interview that his client was not directly involved in the physical altercation.

The officer said a postmortem had found the preliminary cause of death to be blunt force trauma to the head and rib fractures.

The pathologist said the injuries were not consistent with a fall and were rather indicative of an assault.

The examination also found bruises on Mr Furfey’s upper limbs consistent with “gripping and defence”.

The detective inspector objected to bail on several grounds. She noted that Atkinson had a number of “vulnerabilities” but said it would not be suitable for her to return to the flat as it was a crime scene and several witnesses and one of Mr Furfey’s relatives lived in the same building.

The officer raised concern about the potential for the accused to interfere with witnesses if bailed. She said two witnesses had reported hearing a disturbance in the property around midnight on the night in question.

The detective also voiced concerns about Atkinson’s own safety and the risk of public order issues if she returned to the flat or the wider Lisburn area.

“There were already existing community tensions in the area due to anti-social behaviour in and around the occupants of flat 18 and the comings and goings from that flat and, since the murder, community tension has risen considerably and therefore we would have concerns about her returning to Lisburn at all in any capacity,” she said.

The officer said Atkinson told police the bruises on her knuckles and her upper body were because of anaemia, while she said the blood on her clothing was from a foot injury caused by broken glass.

Atkinson’s barrister highlighted that his client and Spence had remained at the property for the arrival of the police and emergency services and they had been the ones to ask the security guard to call an ambulance.

The officer said the pair claimed they could not find a phone to call an ambulance themselves and had therefore gone to the security guard. The detective inspector said five phones were found inside the property.

She then described how the two accused left the apartment to find the security guard.

“CCTV shows them leaving the flat in a very casual manner, in no rush, and walking to the security booth,” she said.

Atkinson’s barrister asked for bail to be granted on “stringent grounds” as he acknowledged another address would have to be found.

He added: “Women’s Aid have also been contacted on Ms Atkinson’s behalf as she is a vulnerable person, in an effort to find her refuge.”

Judge Ranaghan refused bail citing concerns about the potential interference with witnesses and the risk of public disorder.

Atkinson was also remanded into custody to appear before Lisburn Magistrates’ Court via videolink on October 13.