IRA accused disputes 'unlawful' detention in court

Lawyers for a Dublin man charged with IRA membership and firearms offences have told the Special Criminal Court that the accused man believes his detention is unlawful and that the charges against him should be withdrawn.

Stephen Fogarty (aged 32), of Corduff Close, Blanchardstown, is charged with the membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 8, 2012.

He is also charged with the unlawful possession of a firearm and ammunition at Cloncourt, Main Street, Clonee, Co Meath on the same date.

The charges include the unlawful possession of an Enfield Number 2 Mk 1 revolver and six rounds of .38 Smith and Wesson ammunition.

Counsel for the accused man, Mr Daniel Moore BL, this morning told the Special Criminal Court that his client had taken the view his detention was unlawful and that the charges against him should be withdrawn.

Presiding judge Ms Justice Paul Butler said the court noted Mr Fogarty’s position, but would not make a ruling either way.

Mr Moore asked that the court list the case for mention again in January.

Mr Justice Butler, sitting with Mr Justice Margaret Heneghan and Judge William Hamill, remanded the accused man in custody to appear before the non-jury court again via video link on January 29 next.


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