An application to vary bail to allow a 54-year old man accused of being a senior member of the New IRA to travel to Donegal for a week’s holiday has been refused.
Joseph Donnelly, whose address is subject to a reporting restriction, has been charged with belonging to a proscribed organisation and directing a terrorist organisation between December 31, 2019 and August 25, 2022.
He is also facing a charge that on dates between August 10, 2020 and April 10, 2021, he engaged in the act of preparing terrorist activities by attending meetings in Belfast.
Donnelly was granted bail in the High Court last September and an application to vary his bail conditions was made, and refused, at Belfast Crown Court on Wednesday.
The crux of the request was to suspend the curfew, tagging and signing conditions to allow him to leave the jurisdiction and stay at a B&B in Donegal for a week’s holiday with his wife in August.
Before refusing the application, Judge Peter Irvine KC was told by a prosecution barrister that the bid to vary Donnelly’s bail was being opposed by both the Crown and the PSNI.
This, the prosecutor said, was due to concerns of re-offending and a risk that he may abscond.
She addressed the three charges levelled at Donnelly and revealed he has been accused of attending a number of New IRA meetings in the west Belfast area.
Allleging that Donnelly was “the OC (Officer Commanding) within the Belfast area of the New IRA” the prosecutor said that during these meetings, he was “attempting to recruit another individual to head up a team within the New IRA.”
She added that other issues discussed at these meetings allegedly attended by Donnelly were the appointment of personnel, current police investigations and the “intentions to build and advance the abilities of the New IRA.”
The Crown barrister added that when Donnelly’s property was searched by the PSNI, there was evidence to suggest he owned land in Co Donegal close to where the B&B is situated.
She said: “That creates a risk, the prosecution would say, that he has significant ties in Donegal and he may not return to this jurisdiction.”
Telling Judge Irvine “the risks are there”, the prosecutor said the bail conditions were imposed for a reason and that these could not be managed if he was allowed to leave Northern Ireland.
A defence barrister rejected suggestions Donnelly would abscond and said: “The reality is that this applicant could have absconded to Donegal any day of his choosing, if that was something that he desired to do.”
Describing the bid to vary his bail as Donnelly “simply seeking a very modest holiday” with his wife, the defence barrister said Donnelly could sign with the PSNI the day he left and the day he returned - and could also sign with the Gardai in Donegal if required.
Donnelly’s barrister also pointed out that her client has been on bail “for a significant period of time” and that he has adhered to all conditions imposed without any issues.
She added: “This applicant has given the court every reason to have confidence in him.”
After listening to submissions from both the Crown and defence, Judge Irvine refused the application.