ONE of two Fermanagh men accused of having an explosive device designed to penetrate armoured vehicles has been refused bail.
Emmet Maguire (43) from Station Road and Rory Martin Logan (42) from Ross Close, both in Enniskillen are jointly charged with preparing for acts of terrorism by travelling to Cullies Cemetery in County Cavan on June 8, where they collected a radio-controlled explosively formed projectile which they transported to Dromad, County Louth.
It is further alleged they unlawfully and maliciously had possession or control of explosive substances, namely, a radio-controlled explosively formed projectile, with intent to endanger life or cause serious injury.
A detective inspector previously explained Logan deleted CCTV footage taken from his home which when recovered showed him leave and cross a short distance to a car where Maguire was in the driver's seat.
Later he was identified in the car when it stopped in a Clogher service station and police are confident the CCTV there shows him in the passenger seat.
The detective said the vehicle Sat Nav showed the exact journey: “The data goes back to 2022 yet this is the first time this journey was made when they travelled to the deposition site.
"When in that area they began to take anti-surveillance movements, driving past the cemetery four times then enter and leave several times before allegedly picking up the device. It was then taken to a nightclub near the Carrickdale Hotel.”
He added: “When recovered, the device was cleanly wrapped indicating recent placement. It’s a 300gms high explosive device with a copper dome and military grade. The only thing it is designed for is to penetrate armoured vehicles.”
The court also heard there was communication between Maguire and Logan but both mobile phones were left switched on in Enniskillen during the journey, but never used until they returned.
He advised that while the majority of offending allegedly occurred in the Republic of Ireland the Public Prosecution Service have confirmed it is appropriate to have the case heard in Northern Ireland.
Neither accused applied for bail at the time however, on Tuesday lawyers for Maguire mounted an application for his release.
This was strongly opposed as: “The case is related to an operation by the PSNI Terrorism Investigation Unit into New IRA activities in the Enniskillen area following searches in conjunction with An Garda Síochána.
"There are substantial grounds to believe if released on bail the defendant will commit further offences of a terrorist nature.”
It was contended Maguire “has a mindset and associations which are sympathetic to violent terrorist republican activity".
"There is currently a serious threat of such activity in Northern Ireland and the nature of the defendant’s activity demonstrates he is trusted by the IRA and has active engagement in supporting terrorist operations.”
A defence solicitor enquired if there was Garda surveillance at the Carrickdale Hotel, and was informed this was correct.
The log of observations and witness statements are expected to be with PSNI next month.
The defence however argued bail could be granted and refusal would, “drive a coach and horses through the presumption of innocence".
District Judge Peter Magill said: “This relates to driving to County Cavan where a sophisticated radio-controlled device containing high explosives was collected. It’s a very serious matter and I feel the risks are too great.”
Bail was refused and both Maguire and Rogan will appear again by video-link on October 8.
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