An alleged “patsy” accused of having an assault rifle and ammunition belonging to the New IRA in Derry is to be released from custody.
Prosecutors revealed that the AKM automatic weapon discovered in the boot of Patrick Collett’s car was previously used in a dissident republican show of strength.
But the 56-year-old was granted bail after his barrister argued he is a “busted flush” with no ties to the paramilitary grouping.
Mr Justice McFarland said: “The expression ‘damaged goods’ is an appropriate description.”
Collett, of Rossnagalliagh in Derry, is one of two men facing charges of possessing a firearm and ammunition with intent to endanger life and in suspicious circumstances.
Police seized the gun during a surveillance operation in the city on May 21 this year.
Officers observed Collett going into 59-year-old co-accused Martin Burke’s home at Lone Moor Gardens, according to the prosecution.
Minutes later he emerged wearing a glove and carrying a plastic bag which he placed in the boot of a Volkswagen Passat before driving off.
Police arrested him after stopping and searching the car in the Letterkenny Road area later that day.
The AKM assault rifle, a magazine and seven rounds of compatible ammunition were recovered from the vehicle.
The weapon, worth an estimated £8,000, was said to be well-oiled, maintained and ready for quick deployment.
“It is of high value… and owned by the New IRA in Derry,” Crown counsel said.
“I’m advised that it was previously discharged in a ‘show of strength’ (based on ballistics).”
Opposing bail, the prosecutor claimed photographs and comments on Collett’s social media account indicated his “admiration” for known dissident republicans.
Defence barrister Sean Doherty countered that his client has emphatically denied any involvement with the New IRA.
“He was obviously a patsy in this operation,” Mr Doherty submitted.
“He was not on the police radar and no doubt that is the reason why he was selected for the task of transporting the weapon from A to B.”
The court was also told Collett has not been held on remand in the republican wing at Maghaberry Prison.
“He is, to use the colloquial phrase, a busted flush as far as any dissident organisation is concerned,” Mr Doherty added.
Bail was granted to Collett based on his clear record and limited intelligence to connect him to New IRA activities.
“There is insufficient evidence to suggest he would commit further offences at this stage,” Mr Justice McFarland held.
He ordered the accused to abide by a curfew and put up a £5,000 cash sureties as part of the strict terms of release