Man (58) accused of explosives offence seen crouching near 'hide site' in north Louth

A 58-year-old lorry driver who was arrested with his nephew in a Garda operation targeting the alleged activities of the New IRA, was seen using a torch at an alleged 'hide' in a wooded area of north Louth where explosives were seized, Dundalk district court has heard.

James McCormack of South Commons, Carlingford, Co. Louth and his co-accused Cillian McCormack (24) with an address at Church Hill, Dunlavin, Co Wicklow are each charged with knowingly having in their control an explosive substance at South Commons, in the townland of Grange Irish, on October 22nd last.

The charge relates to military and commercial detonators and 333 grams of Semtex high explosives, under circumstances as to give rise to a reasonable suspicion that they did not have it in their possession for a lawful act.

A detective garda sergeant from the Special Detective Unit gave evidence during James McCormack's contested bail application that on the evening of October 22nd last a VW Passat had entered the car park at a pub in the Grange area and footage showed James McCormack making his way to the wooded trail "where the hide was identified".

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The detective told the court that torchlight was seen moving up the hill "towards the hide site" which was a short distance from the trail and James McCormack was allegedly observed “crouching on his knees” at the location.

In the search that followed a barrel was recovered that allegedly contained three detonators, four electrical junction boxes, a soldering iron and 333.8 grams of Semtex.

The SDU witness added that she was objecting to bail on a number of grounds including concerns he would interfere with witnesses and the investigation and that she considered him a flight risk.

The witness confirmed during cross examination by Stephen Faulkner BL that James McCormack had denied membership of an unlawful organisation during his questioning at Drogheda and Ballymun Garda Stations and she agreed that the accused is solely charged with possession of explosives.

The barrister added that his client lives with his wife at Mucklagh Lodge, Carlingford and has worked as a HGV driver for a firm in the Cooley Peninsula for the last 12 years.

The court was also told that two independent sureties were being put forward in the amount of €25,000 each.

Mr Faulkner also said his client's passport had expired and described him as "a domestic driver" who does not leave the jurisdiction for work.

Judge Nicola Andrews, who said she was "satisfied the evidence against the accused appears to be strong" and he "was effectively caught red handed" in close proximity to an area not easily accessible, refused the bail application and remanded James McCormack in custody for a week to appear before Dundalk district court next Wednesday.

Earlier his co-accused, who also appeared by videolink, was further remanded in custody for another two weeks to enable him to give instructions to solicitor Ciaran Mulholland, after Cillian McCormack said he wanted him to represent him.

Mr Faulkner said he was not aware of Mr Mulholland receiving those instructions but asked for an adjournment to allow a representative of his office, who was present in court on behalf of James McCormack, to take his instructions.

A one week adjournment was initially sought, but after the court heard that the prosecuting garda would be on duty at EU Presidency events next week, Judge Andrews put back the case to November 18th.

When the judge explained that the detective was present in court for the bail application but the solicitor "hasn't been instructed by you" and the investigating member was not available in a week's time due to policing commitments Cillian McCormack replied "That's ok".