FORMER WORKERS Party president Seán Garland has secured bail on strict terms pending the outcome of proceedings for his extradition to the United States on counterfeiting charges.
The High Court conditions require Mr Garland to carry a mobile phone so gardaí can contact him at all times, to arrange for €100,000 to be lodged in court and to surrender the deeds to his family home.
When setting the bail terms yesterday, Mr Justice John MacMenamin said he was taking into account that Mr Garland (74) had previously absconded while on bail in Northern Ireland in 2005 in relation to a similar extradition request from the US authorities.
The judge said Mr Garland had breached solemn undertakings to the Northern Irish authorities on grounds that he did not believe his constitutional rights would have been vindicated if he went through extradition proceedings in the North.
However, shortly after breaching his bail terms, Mr Garland had written to his local Garda superintendent making himself available for arrest if his extradition to the North was sought. He had also written in similar terms to the Department of Justice in 2007.
Mr Garland was arrested in Dublin on January 30th last on foot of US extradition warrants issued in December alleging he conspired with others to produce counterfeit $100 notes.
Mr Garland, who has acute health problems including cancer, has been in custody since January 30th while his lawyers made arrangements to meet prospective bail terms.
In granting bail, Mr Justice MacMenamin said Mr Garland had made himself available for arrest but that nothing was done by the authorities here for three years.
Given the absence of any evidence that he would flee this jurisdiction, his serious health problems and that any extradition proceedings would take some time, the judge said it was inappropriate that he should be detained in custody.
This did not absolve the court from imposing rigorous bail terms, he added.
The judge directed Mr Garland should lodge in court the deeds to his family home at Brownstown, Navan, Meath, should sign on daily at his local Garda station, surrender his passport and undertake not to apply for a new one.
He directed that three independent bails persons must put up sureties of €75,000 each and must also each lodge another €25,000 in cash in court. Mr Garland must also lodge €25,000 cash, bringing to €100,000 the total amount which will have to be lodged.
Mr Justice MacMenamin also ordered Mr Garland to carry a mobile phone, fully charged, and answer it at all times so that gardaí could be in touch with him.
He remanded Mr Garland in custody until bail as set is met and adjourned the proceedings for mention only to next Wednesday, February 18th.
Mr Garland’s counsel told the court the extradition proceedings would not be a straightforward matter as there were a number of issues of law involved.
The court also heard the State was opposed to having the Attorney General’s free legal aid scheme in extradition cases apply to Mr Garland, given the details of his bank accounts.
The State would be asking the judge hearing the proceedings to require him to submit a statement of means, the court heard.