Two men before Derry court charged with possessing an AK 47 fully automatic assault rifle

Patrick James Collett (56) of Rossnagalliagh and Martin Burke (59) of Lone Moor Gardens appeared by videolink from Musgrave Police Station charged with possessing 'a Romanian AKM fully automatic assault rifle', a magazine and seven rounds of ammunition with intent to endanger life on May 21.

They were further charged with possessing the same items in suspicious circumstances on the same date.

A police officer connected the accused to the charges and opposed bail.

The court was told that around 5.30pm on that date Collett was observed parking a black car owned and registered to him outside Burke's address. He was seen to enter the house and emerged a few minutes later wearing a glove and carrying a plastic bag which he placed in the boot of the car.

The officer said that a short time later Collett was stopped at the junction of Bishop Street and Foyle Road and in a search a black bin bag containing the items was allegedly found inside the plastic bag.

The gun was said to have been in good condition and ready for use.

Collett was arrested and made no comment during interview but did give a pre-prepared statement in which he said he had been 'pressured' into taking the bag.

He denied being a member of the New IRA or Saoradh.

Burke was also arrested and admitted having the gun in his house for two weeks.

Bail was opposed due to the risk of re-offending which a prosecutor claimed 'was a very real risk.'

She said that the police believed that the weapon was being moved on behalf of the New IRA.

The court heard that the 'risks are present, the risks are grave and they cannot be managed by conditions.'

Defence solicitor Paddy MacDermott for Collett said his client had no relevant record and was in full time employment.

He said that he had felt pressured into moving the items and was not aware what they were.

The solicitor said that Collett 'never had any dealings with violent republicanism.'

He said there was no prospect of Collett using the weapon and that he was simply moving it 'from A to B.'

Mr MacDermott said that there was no history of his client being involved with 'these type of organisations.'

Defence solicitor Derwin Harvey for Burke said his client was 'a chronic alcoholic' who had never ever been arrested.

He said that Burke was not on the police radar and added that his family were 'dumbfounded' he was in court today.

Mr Harvey said that his client talked to police during his time in custody and told them he had somehow agreed to look after this parcel for a matter of weeks.

Describing Burke as 'a vulnerable alcoholic' the solicitor said it was 'an unusual case' but said that his client could be managed with conditions.

The Detective Sergeant said that when observed by police Collett looked 'comfortable and not nervous'.

The Detective Sergeant said that Collett claimed not to know what was in the bag but when police opened the boot a rifle barrel could be clearly seen.

Judge McElholm said that the case raised a lot if questions such as where did the weapon come from and who asked for it to be picked up.

He said that usually in these sort of cases he would recognise the names of those involved but 'somehow these two were singled out, one to store and one to move' the weapon.

He said that he didn't believe that both men had 'fully co-operated' with police and added they were not suitable for bail.

Both men were remanded to appear again on June 13.