AN ORDER seeking the forfeiture of £60,000 given as surety for three men who failed to appear in the Special Criminal Court last January was sought by the Director of Public Prosecutions in the High Court yesterday.
Mr Justice Flood said there was a very considerable sum of money involved and, as it was a matter of major principle, he would reserve judgment and give it on April 30th.
The accused, Mr Hugh Torney (41) of Springfield Road, Belfast; Mr Sean Braniff (41) of Juniper Court, Twinbrook, Belfast, and Mr Dessie McCleary (41) of no fixed address, failed to turn up in court when their case was due to be mentioned.
The three were charged following a swoop by Special Branch detectives on a car and van near Balbriggan, Co Dublin. They were charged with having two automatic rifles, two Kalashnikov rifles, two M3 submachine guns and 20 9 mm Browning semi automatic pistols with intent to endanger life or to enable another person to endanger life on April 4th last year, and with having the guns for an unlawful purpose.
Last year, the three were given bail. Mr Anthony Callanan of Farranree, Cork, gave a surety of £20,000 for Mr McCleary. Mr Eugene Martin, a farmer, of Kingscourt, Co Cavan, gave sureties of £20,000 each for Mr Torney and Mr Braniff.
Yesterday, Mr Callanan said that when he went bail last June, his business premises were at Vickers Road, Cork. It was a snooker club. He said he did not have to show his bank book at the time and the State had not objected.
He said he believed he was in a position to pay the £20,000 and to ensure that Mr McCleary would attend.
Since then, his snooker business had failed and it had dragged his building business down with it. He was doing nothing at the moment and lived on social welfare of £124 a week to support his family. He had no assets and was in arrears on mortgage payments of £2,500. He had no idea where Mr McCleary was now.
On January 15th, he received a telephone call from Mr Martin that Mr Braniff had been arrested outside the jurisdiction. He was extremely worried and went to the Garda station and to the Special Criminal Court the next day to tell the court he wanted to revoke bail.
Mr Martin said that one of the conditions for bail for Mr Torney and Mr Braniff was that they reside on his farm. Mr Torney did not miss one night. Mr Braniff was there until January 6th.