IRA charges dropped against kidnap accused

IRA membership charges were dropped against four men accused yesterday of kidnapping top dissident republican leader Bobby Tohill in Belfast.

Even though police had earlier claimed the four would be charged with membership of the Provisional IRA, the prosecution services decided not to go ahead.

Instead they were remanded in custody accused of abducting and causing Mr Tohill, aged 45, grievous bodily harm.

The suspects from west Belfast also allegedly had disposable clothing, pepper spray and two metal cudgels when they were arrested.

Police rescued Mr Tohill when they rammed a Renault van in Belfast city centre on Friday and seized four men. Mr Tohill, a former member of the Irish National Liberation Army, had just been allegedly beaten and dragged from a pub.

Armed police officers lined the courtroom at Belfast Magistrates’ as Liam Rainey, aged 30, of New Barnsley Crescent, Gerard McCrory, 32, from Dermott Hill Road, Harry Fitzsimmons, a 35-year-old painter from St James’ Gardens and Thomas Tolan, 32, of Ballymurphy Parade were brought into the dock.

Their arrests have piled huge pressure on Sinn Féin and threatened efforts to rebuild the troubled Northern Ireland peace process.

The suspects refused to acknowledge the court as the charges were put to them, instead joking with each other and waving to friends and relatives packed into the public gallery.

Just 48 hours earlier, Chief Constable Hugh Orde blamed the Provisional IRA for the attempted abduction.

But in court yesterday it was confirmed the Director of Public Prosecution’s office has decided not to continue with a charge of membership of a proscribed organisation against the four.

It is understood the DPP dropped it because of technical difficulties in proving the offence under current terrorism legislation.

Tolan, who had a black eye, and Fitzsimmons refused to stand during the hearing but again waved to their supporters in the public gallery.

Acting Chief Inspector Jeff Smyth told the court all four had made no reply when charged but added he believed he could connect them with the offences.

He confirmed under cross-examination by a defence lawyer that none of the defendants made any statement of admission.

Mr Tohill, who was once jailed for the murder of a soldier during the 1980s but freed a year later when the evidence of a key witness was dismissed, has made no statement of complaint to police, it also emerged.

All four men were remanded in custody until March 22 but their lawyer indicated they would be applying for High Court bail.

As Fitzsimmons and Tolan were being led away there were shouts of “Keep your head up” and “Good luck lads”, and clapping.

Magistrate Desmond Perry, who had earlier warned he would jail anyone who disrupted proceedings, hit out at the outbursts.

He said to the defence: “If that’s what your clients’ relatives think of as dignified they are very far from the mark.” Outside the court, Democratic Unionist MP Jeffrey Donaldson demanded to know why the IRA membership charge had been dropped.

“There are questions to be answered here,” the

Lagan Valley representative insisted.

“The chief constable’s clear assessment based on evidence gathered by his officers was that this was a Provisional IRA operation.

“I am surprised that the DPP has dropped this,” he added.