Man accused of attempted murder of police trainee fails in bid to be released on bail

Editorial Department • Published 7 Jan 2010 09:00

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One of two men accused of attempting to murder a student police officer in Garrison would have nowhere to run to and nowhere to hide if released on bail, his solicitor has argued.

Kevin Barry Nolan, from Main Street, Blacklion, County Cavan, has been in custody since being detained by police in Garrison on November 21, last year.

Nolan, who celebrated his 33rd birthday in Maghaberry Prison on December 27, and 26-year-old Gerard James McManus, from Fern Hill, Letterkenny, County Donegal, are charged with attempting to murder a student police officer and possession of a firearm with intent.

Opposing a bail application at Fermanagh Magistrate's Court a prosecution lawyer said there was concern that if Nolan was released he would interfere with witnesses.

He said that although most of the witnesses were police officers Nolan had made comments at interview indicating that he was minded to oppose any forces of the Crown living in the nationalist area of Garrison.

The lawyer added that Nolan was a resident of the Republic of Ireland and would be at serious risk of absconding. There was also the possibility of him committing further offences.

Nolan's solicitor, Mr. Frank McManus, pointed out that there was a presumption of innocence and it would be quite some time before any trial and he would be detained in Maghaberry Prison for a long time. If the charges were dismissed there would be a very serious infringement of his rights.

Referring to the issue of interference with witnesses the solicitor said that as far as he was aware all of the witnesses were either members of the PSNI or other security forces.

"It's unimaginable how he would get at any of those witnesses, and they are professionals who deal with this type of threat hanging over them day and daily," said Mr. McManus.

On the issue of absconding Mr. McManus said that at the time of his arrest Nolan was living in Blacklion but was from Fermanagh and up until a couple of years ago was living at Belcoo and was welcome to return there.

He submitted that the issue of someone not turning up for their trial was no longer a ground for refusing bail. He said that in the present climate with European arrest warrants and restrictions on entering the United States "there's simply no hiding place".

Mr. McManus asked: "Where would he run to? Where would he go if he did not want to turn up for his trial?"

He submitted that there was no reason why the court should not admit Nolan to bail.

District Judge Bernadette Kelly accepted there was a presumption of innocence and a responsibility of the court to review a remand.

She said the prosecution's main objection to bail was that Nolan might interfere with witnesses. Whether they were police officers or other members of the security forces, given the specific nature of the charge there was potential to interfere with witnesses at that level.

She told the court she did not think there were sufficient bail conditions she could impose that would ensure Nolan would return for his trial, not seek to interfere with witnesses nor be involved in the alleged commission of further offences.

She refused the bail application and remanded Nolan in custody to appear at Fermanagh Court by video link on January 18.

This article appeared in Impartial Reporter 07 Jan 10

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