Dissident bomb accused is given bail to help look after the children
A Co Fermanagh man charged with possessing an armour-plating explosive device was granted bail at the High Court today.
A judge ruled there were "exceptional circumstances'' to permit Emmett Maguire to return home to his family to help his wife look after their children.
Maguire, 43, of Station Road and Rory Martin Logan, 42, from Ross Road, both Enniskillen, are jointly charged with preparing for acts of terrorism by travelling to Culles Cemetery in Co Cavan on June 8, 2024, where they collected a radio-controlled explosively formed projectile which they transport to Drumad in Co Louth.
It is further alleged they unlawfully and maliciously had in their possession or under their control certain explosive substances, namely a radio-controlled explosively formed projectile with intent to endanger life.
Objecting to Maguire being released on bail due to the risk of reoffending, a prosecution lawyer told the High Court that on June 8, 2024, An Garda Siochana were conducting an operation targeting dissident republican activity in the Co Louth area.
"They observed a black pick-up truck entering an abandoned site called NV Nightclub near Junction 20 on the N1
"That vehicle is insured to the applicant. It was observed stopping beside an abandoned blue trailer and the passenger got out and went to the rear of the trailer.
"After a number of seconds this person returns to the pick-up and it leaves. The Gards then discover a suspicious device at the rear of the trailer.''
The court heard an Explosive Ordnance Officer (EOD) rendered the object safe before removing it for a field test.
"At the field test the object tested positive for PETN, a high explosive. The object contained a detonator, a tin can and a metal dome.''
Forensic tests were carried out on items recovered from the scene and this showed PETN and RDX "which is indicative of Semtex''.
"In the opinion of the EOD the device contained all the component parts for an improvised explosive device (IED) and had the ability to cause serious harm.
"This was a radio-controlled device which had the ability to penetrate armour plating which could be placed at the side of a road.
"On June 9, police attended the defendant's home and recovered a number of phones and the pick-up truck was parked in the driveway of the applicant's property.''
She told Mr Justice Rooney that the pick-up's sat-nav system showed it travelled from Maguire's home, across the border to the abandoned nightclub, picking up his co-accused along the way and then returning home, a round trip of 80 miles.
Maguire was later identified in the car when it stopped in Clogher Service Station.
"The weight of the evidence against the accused is strong. His vehicle at the deposition site and not only that police were able to identify the route taken from his home to the deposition site.''
She added: "All of these items were found together. The prosecution say these materials are clearly owned by dissident republicans which would make Mr Maguire trusted by dissident republicans.
"All of those would lead to a further risk of further offences. The risk is of serious harm, serious damage and potentially death.''
Defence barrister Andrew Moriarty said that although there may be a prima facie case against Maguire, the court had to take into consideration the presumption of innocence in favour of the defendant.
He said strict bail conditions could be imposed including tagging and twice daily reporting to police along with a bail surety of £2,500.
Mr Moriarty outlined how Maguire had been released on compassionate bail on two previous occasions "without incident'' while chaperoned by his solicitor and returned to prison on time.
"He didn't let the court down, he didn't let his solicitor down and he didn't let his family down.''
Said Mr Justice Rooney: "I have read the letter from the applicant's wife. It is a very detailed and comprehensive letter and deals with the impact custody has had on her children and the applicant's wife.
"That would hardly have been enough to convince me to permit the applicant to bail but what does convince me is the impact it has had on the applicant's wife.
"Mrs Maguire has gone through a tremendous time especially since January of this year from a medical perspective and having to keep herself together and to keep her family together.''
The prosecution had argued that the applicant "should have thought about that'' before allegedly becoming involved in the terrorist-related offences.
Mr Justice Rooney said he agreed but stressed he had to look at the change in circumstance which has now come to light eight months after High Court Judge Mr Justice Humphries had refused a previous bail application from Maguire.
"I think this is an exceptional case and I don't want it being thrown back at me or any of my High Court colleagues in future occasions,'' said Mr Justice Rooney.
"I am going to grant this man bail on the basis of a change of circumstances because of the impact it has had on the applicant's wife and I believe if I grant bail it will make life much more easier for his wife.
"I believe if he is granted bail he will abide with the conditions and I believe he will not make any contact with other persons who have a terrorist connection.''
Mr Justice Rooney granted bail in the sum of £900 along with a cash surety of £2,500.
Maguire is to be released under strict conditions which include twice daily reporting to police, he must surrender his passport and must not leave Northern Ireland without the permission of the court.
He must live at the bail address provided to the court and he is not to associate or be in contact with anyone charged or convicted of a terrorist offence, including firearms.
Maguire is banned from visiting prisoners in Maghaberry and Hydebank Wood prisons; he must notify police in advance of any motor vehicle he intents to travel in and he must not enter any premises being operated by Saoradh.
He is banned from attending any march or rally organised by dissident republicans or any platform or meeting organised by dissident republicans.
Maguire is to have no contact with his co-defendant. He can only have use of a mobile phone which has no internet connection and must provide it to police on inspection.
He must not make or record images of police officers, prison officers, members of the court or legal practitioners.
Mr Justice Rooney told Mr Moriarty: "You will explain to your client about all these conditions and how important they are and he must not breach them. I hope he doesn't let me down.''
A judge ruled there were “exceptional circumstances” to permit Emmett Maguire to return home to his family to help his wife look after their children.
Maguire, 43, of Station Road and Rory Martin Logan, 42, from Ross Road, both Enniskillen, are jointly charged with preparing for acts of terrorism by travelling to Culles Cemetery in Co Cavan on June 8, 2024, where they collected a radio-controlled explosively formed projectile which they transported to Drumad in Co Louth.
It is further alleged they unlawfully and maliciously had in their possession or under their control certain explosive substances, namely a radio-controlled explosively formed projectile with intent to endanger life.
Objecting to Maguire being released on bail due to the risk of reoffending, a prosecution lawyer told the High Court that on June 8, 2024, An Garda Siochana were conducting an operation targeting dissident republican activity in the Co Louth area.
“They observed a black pick-up truck entering an abandoned site called NV Nightclub near Junction 20 on the N1.
“That vehicle is insured to the applicant. It was observed stopping beside an abandoned blue trailer and the passenger got out and went to the rear of the trailer.
“After a number of seconds this person returns to the pick-up and it leaves. The Gards then discover a suspicious device at the rear of the trailer.”
The court heard an Explosive Ordnance Officer (EOD) rendered the object safe before removing it for a field test.
“At the field test the object tested positive for PETN, a high explosive. The object contained a detonator, a tin can and a metal dome.”
Forensic tests were carried out on items recovered from the scene and this showed PETN and RDX “which is indicative of Semtex”.
“In the opinion of the EOD the device contained all the component parts for an improvised explosive device (IED) and had the ability to cause serious harm.
“This was a radio-controlled device which had the ability to penetrate armour plating which could be placed at the side of a road.
“On June 9, police attended the defendant's home and recovered a number of phones and the pick-up truck was parked in the driveway of the applicant's property.”
She told Mr Justice Rooney that the pick-up's sat-nav system showed it travelled from Maguire's home, across the border to the abandoned nightclub, picking up his co-accused along the way and then returning home, a round trip of 80 miles.
Maguire was later identified in the car when it stopped in Clogher Service Station.
“The weight of the evidence against the accused is strong. His vehicle at the deposition site and not only that police were able to identify the route taken from his home to the deposition site.”
Defence barrister Andrew Moriarty outlined how Maguire had been released on compassionate bail on two previous occasions “without incident” while chaperoned by his solicitor and returned to prison on time.
“He didn't let the court down, he didn't let his solicitor down and he didn't let his family down.”
Said Mr Justice Rooney: “I have read the letter from the applicant's wife. It is a very detailed and comprehensive letter and deals with the impact custody has had on her children and the applicant's wife.
“That would hardly have been enough to convince me to permit the applicant to bail but what does convince me is the impact it has had on the applicant's wife.
“Mrs Maguire has gone through a tremendous time especially since January of this year from a medical perspective and having to keep herself together and to keep her family together.”
The prosecution had argued that the applicant “should have thought about that” before allegedly becoming involved in the terrorist-related offences.
Mr Justice Rooney said he agreed but stressed he had to look at the change in circumstance which has now come to light eight months after High Court Judge Mr Justice Humphries had refused a previous bail application from Maguire.
“I think this is an exceptional case and I don't want it being thrown back at me or any of my High Court colleagues in future occasions,” said Mr Justice Rooney.
“I am going to grant this man bail on the basis of a change of circumstances because of the impact it has had on the applicant's wife and I believe if I grant bail it will make life much more easier for his wife.
“I believe if he is granted bail he will abide with the conditions and I believe he will not make any contact with other persons who have a terrorist connection.”
Mr Justice Rooney granted bail in the sum of £900 along with a cash surety of £2,500.
Maguire is to be released under strict conditions which include twice daily reporting to police, he must surrender his passport and must not leave Northern Ireland without the permission of the court.