A grandmother charged with directing a dissident republican grouping has now been remanded in custody for longer than any other woman in Northern Ireland, the High Court has heard.
Counsel for Amanda McCabe argued that she has spent nearly three years in prison and should be released to help care for her family.
The 52-year-old, of Ailsbury Gardens in Lurgan, Co Armagh, is among 10 people facing prosecution as part of a joint police and MI5 surveillance investigation into the New IRA.
She allegedly attended two bugged meetings of the dissident organisation’s high command at properties in Sixmilecross and Omagh in Co Tyrone on dates in February and July 2020.
McCabe’s barrister, John Larkin KC, told the court she has been in custody for two years and ten months amid an ongoing legal battle to determine if the defendants are to stand trial.
“That is well-nigh unprecedented in this jurisdiction and it appears certainly to be the longest period of remand served by any woman in this jurisdiction,” he submitted.
Under an investigation named Operation Arbacia, prosecutors claim those present at the meetings were addressed by two co-accused who identified themselves as the New IRA’s chairman and chief of staff.
Previous courts heard the gatherings discussed the possibility of launching a hard economic bombing campaign and cyber-attacks within the UK.
At one stage in the secretly recorded conversations McCabe - also known as Mandy Duffy - despaired at a previous ceasefire called by the IRA, it was alleged.
She faces a total of seven charges, including directing a terrorist organisation, belonging to a proscribed grouping, and preparation of terrorist acts.
With McCabe denying that she attended either meeting, defence lawyers have challenged the strength of evidence against her.
They contend that the prosecution case has weakened at ongoing committal proceedings where 110 witnesses were due to be called in a bid to establish if all 10 accused should stand trial.
Opposing McCabe’s latest application for bail, a Crown lawyer argued that any delays were due to strategies used by the defence teams.
“It’s a classic case of the applicant and other accused asserting their legal rights, which have consequences,” he said.
Describing the proceedings as painfully slow, counsel added: “It feels like a glacier making its way down the fjord.”
But Mr Larkin insisted that McCabe should now be released for family reasons.
“She is a mother and a grandmother who would make a very considerable contribution to a caring role with respect to her grandchildren,” he contended.
Stressing his client’s clear record, the barrister disputed any suggestion she could go on the run.
Referring to the level of sophistication involved in the surveillance operation, he argued that McCabe could be placed under similar scrutiny on bail.
“Put bluntly, the capacities exist for it to be known what she was having for breakfast every morning,” he added.
“There is a faint air of unreality in the PPP (Public Prosecution Service) metaphorically clutching its pearls and talking about risk when the capacities of the state have been demonstrated to be virtually limitless in keeping tabs on citizens including the applicant.”
Reserving judgment on the bail application, Mr Justice O’Hara said he wanted more time to assess written submissions.