A MAN who is charged with IRA membership and having ammunition at Patrickswell, Co Limerick, was granted bail by the Supreme Court yesterday. The State had objected to bail.
Mr John Quinn, Faha, Patrickswell, is charged with IRA membership on June 9th last and having ammunition at Patrickswell on June 6th last. Bail was refused by the High Court on July 8th last.
Mr Quinn was granted bail in his own surety of £1,000 and two independent sureties of £10,000 from his aunt, Ms Catherine Quinn, Croom, Co Limerick, and his brother, Mr Richard Quinn, Faha, Patrickswell.
The Supreme Court ordered that, as a condition of bail, Mr John Quinn should sign on daily at Patrickswell Garda station between 10 a.m. and 4 p.m. and reside at Faha. He is not to apply for a passport.
In his judgment, Mr Justice O'Flaherty said the court had been told there was an ongoing investigation into the murder of Garda Jerry McCabe and the charges were intertwined in some way with that.
The law knew nothing of the concept of an entitlement on the part of the State to detain anyone on a holding charge or while further investigations were carried out to discover whether further charges may be laid against a person in custody. The obligation of the court was to deal only with the charges on which the person was in custody.
Prima facie, the man was entitled to bail. He was in court and there was the presumption of innocence. He had no previous convictions. He resided at the family home in Patrickswell.
The judge said a chief superintendent had expressed the view that Mr Quinn would not stand trial. Such opinion evidence was only rarely admissible.