Judge refuses bail on independent surety grounds after father and son appear in Longford court on shotgun charge

When the defendants surety issue was addressed in Harristown District Court on Friday the judge refused the application.

John Nevin (54), of 4 Columb Drive, Mullingar, and David Nevin (33), of 19 The Cedars, Lakepoint, Mullingar, were both charged with possession of a Winchester pump action shotgun “in circumstances that you had not got it in your possession for lawful purpose” and also of the possession of five rounds of ammunition (shotgun cartridges).

John Nevin was also charged with three counts of dangerous driving at Ashe Road, Columb Drive and Cathedral View, Mullingar, Westmeath.

The defendants have been remanded in custody since their arrest on Wednesday, August 9 after allegations that they failed to stop when directed to do so by officers.

At a previous hearing the court was told Gardaí were opposed to bail as it was believed that the incident was connected to an “ongoing feud between members of the Travelling community”.

Bail was set at €20,000, with €10,000 to be lodged, for each of the two men. An application for independent surety was heard by Judge Patricia Cronin at Longford District Court last Thursday.

Counsel for the defendant, Patrick O'Sullivan BL, said Gardaí had approved an address at Kilsallagh, Edgeworthstown, Longford, provided for the purpose of bail. It was also stated the defendant had surrendered their passports and provided Gardaí with a mobile phone number.

With regard to the independent surety of €10,000 for each defendant provided by Christopher Nevin Sergeant Mark Mahon indicated that the State was strongly objecting to the surety put forward. Sg Mahon said the State would require time to determine if the bank account and the person providing the money fulfilled the conditions necessary for approval as surety.

Mr O'Sullivan accepted the person providing the surety, Christopher Nevin, had previous convictions, but assured the court they were from “a number of years ago” and described the convictions as “spent”.

Judge Cronin stated she had represented the provider of the surety in legal proceedings prior to being appointed a judge. She went on to say it would not be appropriate for her to make a decision on the issue.

“It would be more appropriate for this matter to appear before a different judge,” the judge said before remanding the defendant in custody with consent to bail once the issue of independent surety was resolved. The judge directed that that aspect of the bail come before the sitting of Harristown District Court the following day.

Having heard the submissions by Sg Mahon on Friday the judge sitting in Harristown, Judge Ciaran Liddy, refused the application.