Man accused of ATM theft raises illegal detention challenge
The 24 year old Silverbridge man charged in connection with the recovery of an ATM which was stolen from Dan Gregory’s Filling Station near Bessbrook was legally detained, according to Irish State lawyers.
Adam Grant from St. Brigid’s Terrace, Tullydonnell, was remanded in custody to Cloverhill Prison at a special sitting of Monaghan District Court on Saturday 7th November after being charged with causing £12,000 worth of criminal damage and possession of stolen property,
Grant was one of three men allegedly trying to force open the stolen cash machine when disturbed by Gardaí on patrol near Inniskeen the previous Friday morning (6th November). The court heard the accused was using a chainsaw to attempt to open the ATM, which contained £52,000 in cash.
An application for bail was refused by District Judge Denis McLoughlin and the accused was remanded in custody.
At the High Court last Monday, Mr Grant, represented by Colman Fitzgerald SC, brought a challenge into the legality of his detention under Article 40 of the Irish Constitution, arguing that District Judge McLoughlin did not apply the correct criteria, as stipulated by the Supreme Court, before deciding to refuse to allow him to be released on bail.
After an adjournment, the inquiry resumed last Wednesday afternoon, with Counsel for the State arguing that Mr Grant’s detention was lawful and that it was clear at the District Court hearing that bail was opposed on the grounds that he was considered a flight risk by the Gardai and that Judge McLoughlin “did not fall into error” when refusing bail.
The case resumed last Friday.