Man charged over stolen ATM legally held, court hears

A Co Armagh man charged in relation to recovery of an ATM at Drumass, Iniskeen, Co Monaghan last week is legally detained, lawyers for the State have argued before the High Court.

Adam Grant (24), Saint Brigid's Terrace, Silverbridge, was remanded in custody to Cloverhill Prison at a sitting of Monaghan District Court on Saturday.

He has brought a High Court challenge to the legality of his detention under Article 40 of the Constitution.

Mr Grant is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and is also charged with possession of stolen property.

An application last Saturday for bail was refused by Judge Denis McLoughlin and the accused was remanded in custody.

At the High Court on Monday, Mr Grant, represented by Colman Fitzgerald SC, argued Mr McLoughlin did not apply the correct criteria, as set down by the Supreme Court, before deciding to refuse bail to his client.

When the inquiry opened before Mr Justice Richard Humphreys on Wednesday, Kieran Kelly, for the State, argued Mr Grant's detention is lawful. It was "clear to all" at the District Court hearing bail was opposed on grounds Mr Grant was considered a flight risk by gardaí, counsel said.

Mr McLoughlin “did not fall into error” in refusing bail and this was not an appropriate case for an inquiry under Article 40, counsel said.

Mr Justice Humphreys said the case raised some weighty legal issues and adjourned it to Friday.