A National Museum employee charged over the seizure of a Semtex explosive device near the border and described as capable of causing “catastrophic damage and serious loss of life” has been granted €40,000 bail.
Father of two Simon O’Donovan (44), of Sperrin Road, Dublin 12, was previously remanded in custody by the Special Criminal Court.
However, on Tuesday he successfully advanced an application to be released at the High Court, which heard that he was a member of the dissident-aligned republican group Saoradh.
A Garda Special Detective Unit (SDU) officer voiced concerns that Mr O’Donovan “would continue to engage in operational activities to further the aims of New IRA”.
He was arrested following an SDU operation which led to a car being stopped in Co Monaghan near the border in July.
Mr O’Donovan is charged that on July 22, at St Laurence’s Road, Chapelizod, Dublin 10, he did knowingly have in his possession an explosive improvised device.
This offence is contrary to section 4 of the Explosive Substances Act as amended by the Offences Against the State (Amendment) Act 1998.
Mr Justice Mícheál P. O’Higgins noted that gardaí objected to bail; however, he held that it could be granted subject to strict conditions.
Mr O’Donovan must lodge €10,000 personally and needs approval from an independent surety with €30,000 available, which will be frozen in their account. The surety has yet to be confirmed and can be endorsed later in the District Court.
He has surrendered his passport and must reside at his current address, obey a 10 pm – 7 am curfew, provide a contact mobile phone number on which he is available 24/7, sign on daily at a local garda station, have no direct or indirect contact with members of the political group Saoradh, or engage in any of that movement’s events.
The terms state that he must stay out of the Dublin 7 area and the Collins Barrack National Museum in the capital, and have no contact with witnesses or law student Isobella Perrie Sullivan, who is a co-accused in the case.
SDU Detective Sergeant Shane Noone agreed with Niamh O’Carroll BL, for the State, that he remained concerned that Mr O’Donovan would commit other offences and also interfere with witnesses in the case.
The detective sergeant alleged that the accused was “captured on CCTV at 13.33 on July 22, leaving his place of employment, Collins Barracks Museum, with a distinctive holdall bag in his possession”.
The bail hearing was told the accused, who appeared via video link, worked at the museum for a decade and held a position of deputy facilities officer.
The detective sergeant maintained that the accused was “tracked” on CCTV cycling to the War Memorial Gardens and meeting his co-accused 20 minutes later.
It was alleged he was observed at St Lawrence Road showing Ms Perrie Sullivan the contents of the bag, which she took before driving by car to Aclint, Carrickmacross, Co Monaghan, where she was stopped by members attached to the SDU.
Detective Sergeant Noone maintained that the bag that had previously been in Mr O’Donovan’s possession was in the back of the vehicle.
The court heard gardai recovered 394 grams of military-grade Semtex, a timer, a timing switch and a viable detonator.
Detective Sergeant Noone said that on arrest the accused replied “This is harassment because I am a member of Saoradh”, which the SDU officer described as a far-left political group formed by dissident republicans in the Republic and the North.
He added it was formed in 2016 and aligned with the New IRA.
It was accepted the accused had no warrant history for failing to appear in court.
Asked by Ms O’Carroll to elaborate on his concerns, he said he feared Mr O’Donovan would continue to engage in operational activity to further the aims and objectives of the New IRA to undermine the Good Friday Agreement.
He told the court that the device was transported to and stored at the museum, which “posed a risk to members of the public and tourists, not to mention targets”. The detective sergeant said Mr O’Donovan showed “blatant disregard”. “An unintended detonation would have caused catastrophic damage and serious loss of life or serious injury,” he said.
The court heard it has been confirmed that there was Semtex in the bag seized at Aclint.
Voicing concerns about witness interference, Detective Sergeant Noone said the SDU has conducted a significant investigation to date, involving numerous avenues and witnesses.
He feared the accused would specifically interfere with staff at Collins Barracks Museum, which had provided CCTV evidence.
It was put to the officer by David Perry BL, for Mr O’Donovan, that he made much of the fact that the accused was a member of a political party, suggesting he would intimidate witnesses, while omitting the detail that he denied the offence after being brought to a Garda station.
The detective sergeant replied that his political association remained relevant. A file is to be sent to the Director of Public Prosecutions, which could lead to additional charges, the court heard.
Mr Perry put it to the officer that he was suggesting his client would commit offences for the New IRA, and the officer agreed. Counsel also outlined that he was an only son, and the primary carer for elderly sick parents.
Regarding concerns about witness interference, Mr Perry emphasised that his client worked for the National Museum for 10 years with good colleagues and friends there.
The detective sergeant replied that there was no evidence that Mr O’Donovan had good friends working at the museum.
Detective Sergeant Noone conceded he had no concerns regarding a flight risk, and it was accepted that the accused is in a long-term relationship.
While the sergeant expressed fears that the accused might interfere with property or items of evidence related to the investigation, he accepted there was no evidence to support that concern.
Mr O’Donovan will remain in custody with consent to bail until all funds have been provided as stipulated. He is also due back before the non-jury Special Criminal Court on October 5, when he is expected to be served with the book of evidence.
Earlier, Isobella Perrie Sullivan (25) of Abbeylands Park, Clane, Co Kildare, was charged with possession of explosives on July 22 in connection with the same investigation.
She was released on €15,000 bail subject to conditions including that she not have any contact with anyone in Saoradh, or the New IRA, after the car she was in was stopped by gardaí on the N2 at Aclint.
At a previous hearing in Trim District Court, Ms Perrie Sullivan’s defence solicitor said she had been asked to take a bag to the North, was unaware of what it contained, and had been “manipulated.” Her case has been adjourned until September 28 next.
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TOM TUITE