1. This
is an application by the Applicant for bail. Mr Justice O'Higgins heard an
application by Mr Meehan on the 16th and the 17th December, 1997 and refused to
admit him to bail on the grounds that it was reasonably probable that the
Applicant would interfere with witnesses in his case. Mr Justice Carney also
heard an application for bail on behalf of the Applicant in the context of an
application for Mr Meehan's release under Article 40.4 of the Constitution on
the 3rd April, 1998 and that application was refused. It is submitted on
behalf of the Applicant that, since a trial date is not available to Mr Meehan
until the 25th January, 1999, there has been a change of circumstance which
would allow this Court to consider a fresh application for bail.
2. In
my view, in considering Mr Meehan's application on the 3rd April, 1998, Mr
Justice Carney, who then had a seizin of the list for the Central Criminal
Court, must have known that Mr Meehan would be in custody for a considerable
period of time before his case was heard because the Court had been advised on
that occasion that the Book of Evidence had not then been served on him and no
date could be given as to when the Book of Evidence would be served. As it
happens, I am now advised that the Book of Evidence was served on Mr Meehan on
the 22nd May, 1998.
3. In
the foregoing circumstances, I am not satisfied that the delay of the trial of
this prosecution is such as to warrant the Court embarking upon a fresh
application for bail. Accordingly, the application is refused. I will,
however, extend the time within which the Applicant may appeal against the
Order of Mr Justice Carney made on the 3rd April, 1998 if he so wishes.