Judge voices his despair as 17-year-old appears in court linked to IRA terror charges

Refusing to free the teenager on bail due to concerns about public safety, District Judge Peter King said that with the anniversary of the signing of the Good Friday Agreement in four days, “it is utterly depressing that we are dealing with a young person…with the same sort of offences when I came to Bar 30 years ago.

“The allegation here is of community control through the barrel of a gun,” the judge told Coleraine Magistrates Court, “it’s very difficult to see in those circumstances a case that it more likely to raise a case of public protection than this one.

“It doesn’t give me any joy to come to the conclusion that despite his age, he will be remanded into custody on the ground of public protection,” the judge explained, a conclusion which he described “profoundly depressing.”

Appearing at court by videolink from police custody the 17-year-old, who cannot be identified because of his age, was charged with belonging or professing to belong to a proscribed organisation, namely the IRA, possessing a handgun with intent to cause a person to fear unlawful violence and with possessing a weapon, namely a metal pole, on the Garvagh Road in Dungiven, all alleged to have been committed on 19 January this year.

Two other men, Dermot Burke, 58, from the Drum Road in Dungiven and 30-year-old Michael Stephen Conwell, from Lettershendony Avenue in Drumahoe, are on remand in custody facing the same charges.

During previous bail applications and again today the court heard how the charges arise as a result of three masked men entering a handful of licenced premises in Dungiven, claiming to the the IRA and suing threats against drugs suppliers and users.

According to the police case Conwell “leads the charge” with the firearm in his left hand as the trio of masked terrorists visited four pubs and St. Candice’s GAA club over the course of an hour between 7-8pm on 19 January this year, declaring to patrons during their 30 second visits: “we are New IRA, we are here to clean up the bars, if you don’t clean up the bars we are going to do it - the bars are full of drugs.”

Previous courts have heard how detectives have obtained CCTV footage and data from a Ford car connected to Conwell which suggests the Ford car met up with a white Citreon van in the car park of Owenbeg GAA on the Foreglen Road in Dungiven and that van was then used to transport the masked terrorists to each of the pubs as well as St. Candice’s GAA club.

Both Conwell and Burke had been refused bail at both the Magistrates Court and the High Court and during the teenager’s application for bail today prosecuting counsel highlighted that given the background and the nature of the offences, “the mindset of individuals who carry out offences such as these would be impervious to change and that can increase the risk of reoffending.”

The alleged terrorist background also increased fears concerning witness interference, said the barrister.

She also emphasised that the gun, the van and the metal pole all remained outstanding despite police searches so if the teenager was freed on bail, he could take steps to interfere with the investigation.

The prosecutor also argued how there was a risk of the 17-year-old absconding as he works in the Republic during the week so with a potentially lengthy prison sentence ahead of him if he’s convicted, “he may simply not return.”

Defence counsel Stephen Mooney argued the teenager was in a slightly different position than his co-accused in that because of his age, “there’s a presumption in favour of bail.

He also stressed that while “I would hazard a guess that he has been a suspect” since the offences almost three months ago, he has not taken any steps to either flee, interfere with the investigation or with witnesses so any concerns from the police “are entirely speculative.”

“His parents are here today,” said the barrister “and they have no truck with this type of behaviour and are aghast at his alleged involvement.”

While Mr Mooney argued that “it is not necessary to remand” the teenager into custody, DJ King told him “the attempt of community coercion through the barrel of a gun will always raise am issue of public protection so the objections are well made out.”

Remanding the teenager into custody, the judge adjourned the case to 8 April when the cases against burke and Conwell will also be mentioned.