A Co Armagh man charged in relation to recovery of an ATM at Drumass, Iniskeen, Co Monaghan earlier this month is legally detained, the High Court has ruled.
In a lengthy and detailed judgment, Mr Justice Richard Humphreys found Adam Grant (24), Saint Brigid’s Terrace, Silverbridge, Co Armagh, is being detained in accordance with law.
Mr Grant, who is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000, and possessing stolen property, was remanded in custody to Cloverhill Prison at a sitting of Monaghan District Court following his arrest.
Challenge brought
He brought a challenge to the legality of his detention under Article 40 of the Constitution. The challenge arose from a refusal by District Court judge Denis McLoughlin to grant him bail.
Mr Grant, represented by Colman Fitzgerald SC, argued the District Court judge did not apply the correct criteria, as set down by the Supreme Court, before deciding to refuse bail.
Kieran Kelly BL, for the State, argued it was “clear to all” at the District Court hearing that bail was opposed on grounds Mr Grant was considered a flight risk by gardaí. This was not an appropriate case for an inquiry under Article 40 into the legality of the detention, counsel said.
In his judgment, Mr Justice Humphreys dismissed the inquiry on grounds including the appropriate remedy was to apply for bail in the High Court, or seek judicial review, not seek an inquiry under Article 40.
Any errors in the warrant detaining Mr Grant were minor and did not affect his current detention, the judge said.