A man accused of issuing threats against drug dealers and users in Dungiven has been on 23 hour lock down as prison authorities suspect he has “contraband” secreted inside him, a court heard on Friday.
Coleraine Magistrates Court also heard that Dermot Burke, from Dungiven, who is also accused of IRA membership, has been x-rayed more than 20 times “all showing something” and although it is not clear exactly what, “the suspicion is there is contraband,” said District Judge Peter King.
The case was brought before the court for a bail application with defence solicitor Paddy McGurk arguing that 58-year-old Burke could be released to be x-rayed the North West Independent Clinic in Ballykelly.
“From the defendant’s point of view he has been in custody since the 23rd of January; since this time there have been over 20 X-rays all showing something,” said the solicitor.
““This is a vulnerable man; his family are deeply concerned .. he has been in 23 hour lock up for over eight weeks.”
Mr McGurk submitted that Burke’s mental health has deteriorated and submitted to the court: “His family want an independent X-ray carried out to see what this is; it could be scar tissue. It doesn’t necessarily have to be an item that’s unlawful.
“The prison suggest he was consuming something. It doesn’t seem fair he can be detained in custody without some progress being made or a more detailed X-ray carried out – there have been 22 X-rays showing something is there but nobody knows what it is.”
Burke, from the Drum Road in Dungiven and 30-year-old Michael Stephen Conwell, from Lettershendony Avenue in Drumahoe, are accused of belonging or professing to belong to a proscribed organisation, namely the IRA, possessing a handgun with intent to cause a person to fear unlawful violence would be used against them and with possessing a weapon, namely a metal pole, on the Garvagh Road in Dungiven.
According to the police case Conwell “leads the charge” with the firearm in his left hand as the trio of masked paramilitary gang visited four pubs and St Canice’s GAA club over the course of an hour between 7-8pm on 19 January this year, declaring to patrons during their 30 second visits: “we are New IRA, we are here to clean up the bars, if you don’t clean up the bars we are going to do it - the bars are full of drugs.”
The case against Conwell was not listed on Friday and Burke himself did not appear in court either as Mr McGurk conceded the prison authorities “suspect something unlawful” but argued “there is an urgency to the situation” as no one can be sure what the x-rays are showing.
He told DJ King Burke’s family “will put up the money” to have him x-rayed at the private clinic.
“There is no evidence before the court this is a medical need,” the judge told Mr McGurk, “I’m not going to grant the bail application if there is no evidence before the court there is a medical need for this defendant to be released for treatment.”