THE High Court has reserved judgment on the bail applications of two men who had to be recharged because of the Judge Dominic Lynch affair. A third applicant, Nessan Quinlivan, is to appear in court again today to give evidence in person.
Quinlivan is being called to reply to evidence given yesterday by two Limerick detectives, who" said that a witness who had made statements about him had since been intimidated and was "in fear of his life".
Det Insp John Kerin told the court that he believed Quinlivan was a senior and active member of the IRA who, if given bail, would not appear for a hearing at which his extradition to Britain will be sought.
He also said that if bail was granted it would add to the fears of a witness who was giving evidence against Quinlivan.
Counsel for Quinlivan, Ms Mary Ellen Ring, said the applicant had been on bail from last year until his rearrest in October. The two sureties of £10,000 each for the new bail application, combined with those held from the earlier bail application, would mean he was effectively on bail of £80,000.
Opposing bail in the case of Joseph Kavanagh, Det Supt Cormac Gordon said Kavanagh faced very serious charges arising from the 1993 kidnapping of the National Irish Bank chief executive, Mr Jim Lacey. He did not believe he would stand trial if given bail.
Del Supt Gordon also said he did not believe those putting up bail - including Kavanagh's mother - were suitable, partly on financial grounds. However, counsel for the applicant said it was his understanding that the sureties of £10,000 would be lodged with the court. Mr Justice Kelly reserved judgment.
In the case of John Conaty, Del Supt Basil Walsh said the applicant was facing serious charges arising from the discovery of arms and explosives in Co Laois earlier this year. He believed he would not turn up for his trial if given bail.
The judge again reserved judgment in the case.
The only one of the rearrested defendants in court yesterday was Michael Cully, who also faces charges arising from the Laois find. A habeas corpus hearing on the lawfulness of his arrest and detention was adjourned
