Three men accused over robbery plot were stopped with loaded gun and balaclavas, court told

The trio had balaclavas and disposal gloves when detained as part of a “proactive” police operation, a judge was told.

Details emerged as the driver of the vehicle mounted a legal bid to be released from custody.

Michael Ferguson, 39, of Main Street in Glenavy, Co Antrim, faces charges of conspiracy to rob, carrying a firearm with intent to commit an indictable offence, and having no motor insurance.

He was arrested along with two co-accused when detectives stopped the Volkswagen Caddy van in the Rosapenna Street area on November 16 last year.

A suspected Walther handgun was seized from the vehicle.

Tests have now confirmed that the pistol was real and loaded at the time, the court heard.

Prosecution counsel claimed Ferguson failed to cooperate with police following his arrest.

Opposing bail, she argued that he poses a risk to the public.

“Police consider it concerning that… he has been located in a vehicle in possession of a loaded firearm,” counsel submitted.

Lord Justice Treacy observed that, according to the prosecution’s case, the three men appeared to have been “caught red-handed”.

“The bottom line is they were stopped in a van (and) the description of their clothing is highly suspicious - balaclavas and disposable gloves,” he said.

The judge added: “It was described as a proactive operation, whatever that means.”

Ferguson’s legal team argued that he should be released due to delays in completing the investigation.

“He’s now been in custody for coming up on one year,” a defence barrister stressed.

The court also heard that a phone report in the case has yet to be submitted due to an investigating officer being on sick leave.

Adjourning the bail application, Lord Justice Treacy asked for all relevant information to be provided in a week’s time.

He said: “The prosecution is going to have to set out in detail the steps taken… to measure the extent of any culpable delay.”