A man accused of murder has been granted bail but told if he stepped 6 in inside Co Limerick it would be revoked. Mr Justice Carney said the man, in custody since July 1996, was entitled to the presumption of innocence. He said his continued detention was unconstitutional and would be in contravention of the European Convention on Human Rights.
The man is accused of a 1996 murder. His trial, which has been delayed a number of times, is due to begin next June. Mr Justice Carney was yesterday hearing an application for bail. Gardai told of confidential information they had received that witnesses due to give evidence had been intimidated. Mr Justice Carney said he accepted there was "a genuine atmosphere of intimidation and threat" in the case.
He said Ireland was a signatory to the European Convention on Human Rights and though it was not part of domestic law, it was nevertheless capable of offering guidance on the issue. He had "mandatory obligations" under the Constitution to safeguard the accused man's liberty. He did not intend to allow his "untried detention" to continue and would "reluctantly" grant bail.
He granted bail of £1,000, with an independent surety of £10,000 and ordered that the man reside with his mother in Co Tipperary.