PROMINENT loyalist Mark Harbinson has been ordered to wear an electronic tag for breaching his bail and licence conditions - a day after he was freed from prison.
The 50-year-old is currently awaiting trial accused of possession of a 9mm pistol and silencer in suspicious circumstances. They were found at his Sheepwalk Road home in Stoneyford, Co Antrim in December 2015.
He is also charged with possessing the firearm, silencer and 28 rounds of 9 mmm ammunition without holding a firearms certificate after they were found in a biscuit tin. He denies all the charges.
A charge of possession a firearm with intent to endanger life was withdrawn by the prosecution in January this year.
Last Thursday, February 9, Harbinson was granted bail after spending a year in custody and was ordered to abide by a nightly curfew and report to police every day.
But at Belfast Crown Court yesterday, during a defence application to change his bail address, a prosecution lawyer told the judge who released Harbinson that the defendant had breached his bail and licence conditions within a day of being freed.
He told the court that on Friday, February 10, Harbinson bought a mobile phone, which is a breach of a Sexual Offenders Prevention Order (SOPO).
The SOPO was imposed after he was convicted and jailed for sexually abusing a 13-year-old school girl in October 2009.
Outling a further breach of the SOPO, the prosecutor said that as part of his bail conditions Harbinson was to lives with his parents at their home on the Stoneyford Road - however it was across from a children's playpark.
Under the terms of the SOPO, Harbinson is not allowed to reside within 100 metres of a children's play park.
The lawyer also said he had been "observed helping others to put flags up in the Stoneyford area.'
He further claimed that as part of his bail conditions, he was required by police to sign his bail at a PSNI station at a "specified time'' but refused to abide by the request.
Saying that it was clear Harbinson was trying to set his own bail conditions, the prosecution lawyer said it was now for the court to decide on whether to have him electronically tagged or have his bail revoked.
However, defence barrister Craig Patton told the court that he was "taking issue'' with prosecution submissions about alleged SOPO and bail breaches, describing them as "over energetic''.
Mr Patton told the judge that having a mobile phone was not in breach of his bail condition and since his release neither his designated risk manager nor anyone from the Probation Service had been in contact with him.
The defence lawyer said police had made no objections to him being released to his parent's address which was close to the play park.
He said Harbinson was signing his bail at 9.30am which allowed him to "go about his daily business for the rest of the day'' and said Harbinson felt police demands was "oppressive''.
Judge Miller QC said it was quite clear there was an "attitude'' by Harbinson and it was "not for him to cherry pick and decide how bail conditions are to be met''.
Harbinson, who is to be tagged was also granted an application to reside at his brother's house on the Stoneyford Road.
