Man walks free from court after explosives trial collapses

A Waterford man accused of IRA membership and having three improvised mortar launch tubes at his home in 2011 has walked free from court after the collapse of his trial.

Joseph Mooney, aged 43, of Cullinagh, Kilmeaden, had denied the unlawful possession of three mortar launch tubes at his home on Sept 22, 2011, at the Special Criminal Court.

Presiding judge Mr Justice Paul Butler said the court did not have solid evidence before it that three 1m-high tubes found in the home of Mr Mooney were an explosive substance.

At the conclusion of the explosives trial, Mr Mooney had been due to stand trial on a charge of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on Sept 22, 2011.

Opening the case, Garnet Orange, prosecuting, said that during a search of a shed on land at the back of Mr Mooney’s house, but which was not attached to the house, gardaí found three tubes, each 1m high.

Aileen Donnelly, defending, told the court the defence was challenging the admissibility of the search warrants.

Mr Orange said the prosecution accepted that the search warrants had been issued under section 29 of the Offences Against the State Act, which had been ruled was unconstitutional, but said the court should exercise its discretion in admitting evidence of the items found in the shed in the public interest.

While Det Enda Gannon gave evidence that it was his belief the tubes were an explosive substance, Mr Justice Butler said the court did not have the “solid evidence” necessary for it to exercise its discretion.

Mr Orange said that under the circumstances of the court’s ruling, the DPP felt the only appropriate step was to enter a nolle prosequi on both counts.

Mr Mooney walked free from court.