Two men who between them put up £60,000 bail for Brixton jail escaper Pearse McCauley - who subsequently absconded but has since been recaptured - were directed by the High Court yesterday to pay £48,000 of that amount to the State.
Mr Justice Barr said he was satisfied neither Mr Richard Quinn nor Mr John McGettigan - the two men who acted as sureties for McCauley - had assisted in helping him abscond or had any knowledge of his intention to abscond.
He was satisfied it was just and fair that there be a reduction in the terms of liability, the judge said.
He directed that both men's individual liability of £30,000 be reduced to £24,000.
McCauley (33), from Strabane, Co Tyrone, absconded in June 1996 after being granted bail by the High Court in December 1995 while awaiting the outcome of his appeal against an order for his extradition to Britain on foot of warrants related to the Brixton prison escape and other offences.
He was subsequently re-arrested in October 1997 and is at present in custody awaiting trial on a charge of the capital murder of Det Garda Jerry McCabe during an abortive IRA robbery at Adare, Co Limerick, on June 7th, 1996.
In court yesterday, Ms Sunniva McDonagh, for the Attorney General, applied for estreatment of £30,000 bail put up for McCauley by a Co Limerick building contractor and farmer, Mr Richard Quinn, of Faha, Patrickswell, and for estreatment of a similar amount put up by Mr John McGettigan, a former bread agent, now unemployed, of Letterkenny, Co Donegal.
She said McCauley had been granted bail on December 18th, 1995 under strict conditions including a requirement that he sign on daily at Nenagh Garda station. He did so until June 16th, 1996. A warrant was later issued for his arrest and he was arrested on October 4th, 1997. His bail was revoked two days later.
The application for estreatment was resisted by Mr Michael Farrell and Mr Kevin McConnell, respectively solicitors for Mr Quinn and Mr McGettigan.
Mr Justice Barr said he was satisfied neither man had any advance warning of McCauley's intention to abscond and both had been assured by him their recognisances were not at risk. Mr Quinn was a small building contractor who had provided work for McCauley from time to time. Mr McGettigan lived in Letter kenny, had contacted McCauley a number of times by telephone prior to his asbconding and had also been assured his recognisance was not at risk.
The net issue was whether innocent bailsmen were entitled to a reduction in their liability, the judge said. The court had discretion in dealing with bail estreatment cases and could take into account the innocence of bailsmen. He said the critical factor appeared to be that the men were pressurised into acting as bailsmen by persons connected with the Provisional IRA. He was satisfied that those associated with the present situation were unlikely to come to their aid.