DPP v Colm Maguire

• Jurisdiction: Ireland
• Judge: Denham J
• Judgment Date: 10 October 2005
• Neutral Citation: [2005] JILL-SC 101001
• Docket Number: [S.C. No. 420 of 2004]
• Court: Supreme Court
• Date: 10 October 2005

[2005] JILL-SC 101001

THE SUPREME COURT

Denham J.

Hardiman J.

Geoghegan J.

No: 420/2004

D.P.P. v Colm Maguire

In the matter of an application

for the revocation of bail

Between/

The People (at the suit of the Director of Public Prosecutions)

Applicant

and

Colm Maguire

Respondent

Abstract:

Criminal law - Bail Application for revocation of bail - Conditions attached to bail - Signing on at garda station - Whether conditions substantially complied with - Whether sufficient grounds for revocation of bail.

the respondent was granted bail by the Supreme Court on condition, inter alia, that he sign on at a designated garda station daily. The applicant applied to the Supreme Court for an order revoking the bail on the ground that the respodent had failed to sign at the garda station on 74 occasions since. The respondent contended that there was some confusion in relation to exactly how many times he had failed to sign on and that he had a reasonable reason for failing to sign on other occasions.

Held by the Supreme Court in refusing the application that the respondent had provided sufficient explanation for his failure on several occasions and that there was confusion surrounding the other occasions.

Reporter: P.C.

10 th day of October, 2005 by Denham J.

1 1. This is a motion brought by the Director of Public Prosecutions seeking an order revoking the bail set by this Court on the 29 ^th day of October 2004.

2 2. By order made on the 29 ^th day of October 2004 this Court allowed an appeal from the High Court and ordered that the High Court order do stand discharged. And it appearing that the applicant had been granted bail by the Special Criminal Court on the 9 ^th Day of March 2004 in respect of charges (2) of unlawful possession of firearms, this Court ordered that the applicant be admitted to bail pending trial on the charge of membership of an unlawful organisation to be consolidated with the bail granted by the Special Criminal Court, on his entering into a recognisance before a judge of the District Court or the Governor or Deputy Governor of Portlaoise Prison himself in the sum of €150 (with no cash lodgement) and one sufficient surety in the sum of €20,000 of which €7,000 is to be lodged in court - this said surety Barry Fitzpatrick of 169, Ashlawn Park, Ballybrack, Co. Dublin having been approved by the Special Criminal Court - conditional that the above named Colm Maguire shall appear before the court on each sitting of which he is notified to attend and on each day of the hearing of his trial and any adjournment thereof and at the...