Tiger kidnap suspects are freed on bail
RETRIAL: Tough release terms
Two men who had their convictions quashed for the Tiger kidnapping of a Securicor driver and his family have been granted bail pending retrial.
Mark Farrelly (37) of Moatview Court, Priorswood and Jason Kavanagh (34) of Parslickstown Court were jailed for 25 years in 2009 for robbing €2.28m from Paul Richardson and falsely imprisoning his wife and two sons.
The pair and their co-accused, Christopher Corcoran (61), of Bayside Boulevard North, had their convictions overturned and a retrial ordered by the Court of Criminal Appeal last month. This followed a Supreme Court ruling that search warrants used in the investigation were unconstitutional.
The original trial lasted 66 days and was the longest criminal trial in Irish legal history.
In Dublin Circuit Criminal Court this week, Mr Farrelly and Mr Kavanagh were both granted bail on very strict conditions.
Gardai objected to Mr Kavanagh being granted bail because he could only come up with a €9,500 surety. Judge Martin Nolan noted the bail conditions "offer great control over his life".
Mr Farrelly was granted bail after he offered €38,000 as a surety.
Both men will have to sign in at a garda station twice daily, surrender their driver's licence and passport and have a mobile phone on them at all times.
Detective Inspector Paul Scott told that the court that the Supreme Court decision was a "get-out-of-jail-free card for the men."
He said Mr Kavanagh is likely to be convicted again and the ruling on the warrants is of little benefit to the accused: the main evidence against him is from DNA and phone records.
Det Insp Scott said Mr Kavanagh is more likely to flee on bail as he knows he faces a 25-year sentence if convicted
The inspector also said Mr Kavanagh was previously arrested and returned to Ireland from Spain before his first trial. He was then granted bail which was set at €80,000.
Det Insp Scott added that none of the money in the robbery was ever recovered
Shane Costelloe, acting for Mr Kavanagh, said his client is no longer able to afford such high bail because wife has left him and he is living off his elderly parents.
Mr Costelloe said his client had turned up for every day of the last trial, including four days of jury deliberations. He submitted to Judge Nolan that it would be "improper and unfair" not to admit Mr Kavanagh to bail.
Judge Nolan ordered the parties to appear again on July 28 to set a new trial date.