PPS appeal against bail for man charged over bomb parts fails

Gary Burke has been in custody since police discovered a timer power unit and arms propellant during a raid on a house in the city in December.

The 39-year-old, of Ederowen Park in the Galliagh area, was granted bail by a district judge on Friday.

Following that decision the Public Prosecution Service mounted an appeal at the High Court in Belfast.

Burke denies a charge of possessing explosives in suspicious circumstances.

Component parts for an improvised device were said to have been found in a bag stored in a cupboard under the stairs of a property at Ederowen Park.

It was confirmed in court that Burke has not been forensically linked to the items.

Defence counsel Eoghan Devlin said his client told police his fingerprints and DNA would not be found.

Mr Justice Burgess was also told other people have been obtaining housing benefit for the house where the components were located.

James Johnston, prosecuting, said: “There have been two live claims.”

Based on all available information the judge held: “I can find nothing that allows this appeal to get off the ground at the moment.”

He ruled that Burke can be released on bail on condition that a relative agrees to put him up and a £1,000 cash surety is lodged.

Mr Justice Burgess added: “If he wants to sleep on the floor he can sleep on the floor.”