Man charged after explosive found in car in Co Monaghan
by Gavin O'Callaghan, https://www.facebook.com/rtenews/ · RTE.ieA man has been charged in connection with a garda investigation in which an explosive device was found in a car in Co Monaghan.
Simon O'Donovan, 44, with an address at Sperrin Road in Dublin 12, appeared before the Special Criminal Court yesterday evening.
He was charged with being in possession of explosive substances at St Lawrence Road in Chapelizod, Dublin 10, on 22 July.
Detective Sergeant Shane Noone gave evidence of Mr O'Donovan’s arrest, charge, and caution.
He told the court that Mr O’Donovan replied "I don’t understand" when the charge was first read to him, before it was explained again, to which he said he did understand.
Darragh Mackin of Phoenix Law attended the court but told the judges he was not in a position to assist Mr O'Donovan due to the ongoing strike by criminal legal aid lawyers.
Mr O'Donovan told the court that he had no representation, but he would have acquired the services of Mr Mackin had free legal aid been available.
He told the court he would like to apply for bail, to which State Solicitor Liam Mulholland objected.
A break was then taken so that Mr O'Donovan could consider his options.
Justice Patrick McGrath informed Mr O'Donovan that the Special Criminal Court did not have the power for a bail hearing, but added that he could conclude the Special Criminal Court hearing and then convene a High Court bail application.
He informed Mr O'Donovan that he could seek representation for the bail application hearing, or make an application himself.
Mr O'Donovan decided to go ahead with a High Court bail application and the Special Criminal Court case was adjourned.
A short break was then taken before Justice McGrath returned to hear the application.
Mr O'Donovan represented himself in the application, while State Solicitor Liam Mulholland objected to it.
Detective Sergeant Noone told the High Court he was objecting to bail due to the seriousness of the offence.
Mr O'Donovan said he believed it was unfair not to grant him bail, given that it was granted in another court hearing related to the case that also involved a charge of possession of explosives.
He also said he felt it was unfair the other case was brought before the District Court and not the Special Criminal Court.
He added that he was willing to adhere to any bail conditions put forward.
Judge McGrath said he was unable to help Mr O'Donovan in his situation.
He said he considered the seriousness of the alleged offence and the strength of the evidence, adding that "on the balance of probabilities" he did not believe any bail conditions would meet what he described as "legitimate objections".
He rejected his application for bail and told him he could make a further application for bail at any time.