A judge at Derry Magistrate’s Court has said that he doesn’t want people to think the courts were being ‘too heavy handed’ in enforcing the Anti-terrorism legislation as he granted bail to a dissident republican to allow him to go to Dublin to meet with a TD.
Thomas Ashe Mellon (48), of Rathmore Road in Derry, applied for a bail variation to allow him to travel to Dublin on May 9 to meet with the TD Eamonn O’Cuiv to discuss the prisoners issue.
Defence solicitor Paddy MacDermott made the application for Mellon, who is currently on bail charged with breaching the Anti-terrorism legislation by crossing the border, to travel to Dublin and back on the same day.
Police opposed the application stating that they had to monitor Mellon to manage the risk to the public.
He said that Mellon was prohibited from being in the company of anyone involved in terrorism and was found in the company of someone charged with directing terrorism.
He said that the defendant had also broken his residency requirements.
The officer said that if the application was granted the PSNI would have no ability to monitor Mellon.
He added that it would be easier for the TD to travel to the North.
Mr MacDermott said that his client had been subject to the Anti-terrorism legislation for the last 9 years and during that period had made many trips across the border.
He said that Mellon had to notify police what border crossing he was using and the alleged breach occurred in November and Mellon was not arrested until March so “there was no great urgency”.
The solicitor said that it was a one day trip and there “was not a lot he could get up to” in that time.
District Judge Barney McElholm said there was no objections to the proposed meeting and there was “nothing objectionable in that”.
He said that the issue was travelling out of the jurisdiction.
The judge said that he didn’t believe that Mellon wouldn’t return and he could probably “survive outside Creggan for the day.”
He granted the variation on condition Mellon informs police of his travel details, who he will be accompanied by and who he will be meeting.
He is also not to associate with any member of a proscribed organisation or anyone who supported such organisations.
Mellon’s case will be before the court again on May 9.