Judgment: 2006-05-26 · Court archive

Supreme Court sends Declan Broderick bail dispute back to High Court for proper means inquiry

Supreme Court ·

Who, what, where, when and why

Who
  • Declan Broderick (Applicant)
What

Supreme Court sends Declan Broderick bail dispute back to High Court for proper means inquiry

Where

Places mentioned in the report

  • High Court
  • Supreme Court
When

Judgment:

Why

Reasons reported in the judgment

Mr Justice Kearns held that this reasoning was inconsistent with the presumption of innocence. Bail cannot be set on the assumption that an accused person committed the alleged offences or has access to criminal proceeds.

The Supreme Court has sent Declan Broderick’s bail application back to the High Court for a fresh examination of what level of bail he can realistically meet.

Broderick was charged with possessing cocaine and diamorphine for sale or supply at St Joseph’s Hospital in Raheny on March 16, 2006. After his arrest, the District Court granted bail on condition that he enter a €50,000 bond and provide an independent surety for the same amount, along with reporting and passport conditions.

Broderick appealed to the High Court seeking a reduction. Garda evidence put the value of the drugs at about €1.3 million and alleged that he had used the hospital to store drugs. Gardaí also expressed a belief that he was associated with a criminal gang and would have access to substantial funds.

Broderick denied having the means to meet the bail. He said he earned €980 a fortnight, lived in housing assisted by social services and had bought his car with an €8,000 Credit Union loan. His sister offered to lodge cash as a surety.

The High Court refused to reduce the bail, placing significant weight on the value of the drugs and the belief that Broderick could access money through a criminal gang.

Mr Justice Kearns held that this reasoning was inconsistent with the presumption of innocence. Bail cannot be set on the assumption that an accused person committed the alleged offences or has access to criminal proceeds.

The Supreme Court also said an applicant must provide credible information about financial means. Courts may adjourn briefly to allow Gardaí to verify that information.

The court did not itself fix a new bail amount. Instead, it returned the matter to the High Court for a proper inquiry into Broderick’s means, while recognising that the seriousness of the charges and risk of non-attendance could still justify substantial bail.

Read the original court judgment

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