High Court of Ireland Decisions

1. This is an application by the Applicant for bail. Mr Justice O'Higgins heard an application by Mr Meehan on the 16th and the 17th December, 1997 and refused to admit him to bail on the grounds that it was reasonably probable that the Applicant would interfere with witnesses in his case. Mr Justice Carney also heard an application for bail on behalf of the Applicant in the context of an application for Mr Meehan's release under Article 40.4 of the Constitution on the 3rd April, 1998 and that application was refused. It is submitted on behalf of the Applicant that, since a trial date is not available to Mr Meehan until the 25th January, 1999, there has been a change of circumstance which would allow this Court to consider a fresh application for bail.

2. In my view, in considering Mr Meehan's application on the 3rd April, 1998, Mr Justice Carney, who then had a seizin of the list for the Central Criminal Court, must have known that Mr Meehan would be in custody for a considerable period of time before his case was heard because the Court had been advised on that occasion that the Book of Evidence had not then been served on him and no date could be given as to when the Book of Evidence would be served. As it happens, I am now advised that the Book of Evidence was served on Mr Meehan on the 22nd May, 1998.

3. In the foregoing circumstances, I am not satisfied that the delay of the trial of this prosecution is such as to warrant the Court embarking upon a fresh application for bail. Accordingly, the application is refused. I will, however, extend the time within which the Applicant may appeal against the Order of Mr Justice Carney made on the 3rd April, 1998 if he so wishes.