Courts / Monaghan / Report

Armagh ATM accused is legally detained, judge rules

Summary

The High Court has ruled that Adam Grant, a 24-year-old from Silverbridge, Co Armagh, is being legally detained. Mr Justice Richard Humphreys dismissed Mr Grant's challenge to the legality of his detention under Article 40 of the Constitution. Mr Grant was remanded in custody to Cloverhill Prison by District Justice Denis McLoughlin at Monaghan District Court following his arrest. He is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and possession of stolen property. The case arose after Justice McLoughlin refused bail, citing that Mr Grant was considered a flight risk by the Gardaí. Mr Grant's counsel, Colman Fitzgerald SC, argued that the District Judge failed to apply the correct Supreme Court criteria for bail refusal. However, Kieran Kelly BL, representing the State, contended that the detention was lawful and that the appropriate remedy for any errors was to apply for bail in the High Court or seek judicial review, rather than an Article 40 inquiry. Justice Humphreys agreed, stating that the inquiry was dismissed because the correct procedural avenues were not pursued. The judge further noted that any minor errors in the detention warrant did not affect the validity of Mr Grant's current custody. The matter was concluded with the court upholding the lawfulness of the detention.

Who, what, where, when and why

What: Report matter: Armagh ATM accused is legally detained, judge rules. Charges or matters: causing £12,000 worth of criminal damage to an ATM containing £52,000 and is also charged with possession of stolen property. Procedural stage: sentence

When:

• 2015-11-27 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Theft

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Read the original CNI report