Judge grants permission for leading Derry dissident republican to meet with prisoners in Portlaoise Prison

A judge at Derry Magistrate's Court has said a bail condition the prosecution were trying to impose on a leading dissident republican was 'too wide' and could not be drafted in such a way that it could apply.

Thomas Ashe Mellon (48) of Rathmore Road in Derry is charged with breaching anti-terrorism legislation by crossing the border without permission in November.

At today's sitting a prosecution barrister asked for further conditions to be imposed on the defendant. 

She asked that he be prevented from being in contact with anyone charged with or convicted of a terrorist offence and also not to associate with four named individuals.

At the same time Mellon was applying for permission to travel to Portlaoise Prison and meet with prisoners and then meet with a TD. 

The prosecution said that the bail conditions were meant to mitigate the risk to the public and if Mellon associated with the named individuals the risk of the public increased. 

She said that it was not accepted that the breach of the regulations was 'a technical breach'.

It was argued that the bail conditions were 'necessary and proportionate'.

Mellon's defence solicitor Paddy MacDermott opposed the ban on people convicted of terrorist offences on the grounds it was not proportionate.

He said that such a prohibition would apply even to members of the government. 

The solicitor said that if someone lived in Creggan it would be difficult not to have contact with someone who had a terrorist conviction and added that it was 'a very difficult condition for anyone.' 

He also argued that of the four names on the list, one of them was intending to attend the meeting at Portlaoise Prison on June 11.

District Judge Barney McElholm said that one of the individuals had been convicted of membership in 2018 but it was not unknown for people to evolve from being members of a terrorist organisation into electoral politics. 

He said we did not have 'far to go to find examples of that.'

The judge allowed Mellon to attend the meeting at Portlaoise Prison on June 11 but refused to impose the condition of no contact with anyone convicted of a terrorist offence. 

He did impose the condition Mellon has no contact with three named individuals. 

Mellon will appear again on June 24.