Man acquitted of membership of the IRA

A man who admitted his part in a surveillance operation on the Dublin headquarters of a number of specialist Garda units has been acquitted of IRA membership by the Special Criminal Court.

The non-jury court delivered its judgment on the 10th day of the trial of Corey Mulhall, aged 43, Daletree Court, Ballycullen, Dublin 24.

He had formally admitted taking photos of the Garda complex on Harcourt Square in September 2012 after booking a room in the Harcourt Hotel under a false name, Jason Egan.

In written admissions, Mr Mulhall said a named man had offered him money to take photos of a very tall garda who drove a black Hyundai Santa Fe car, on behalf of another unnamed man, who was in dispute with gardaí.

The court heard that Mr Mulhall lied to gardaí in interview when he told them he had gone to the hotel to meet a “bird” whose name he did not know. He said he used a false name because he did not want his wife to find out.

Throughout the interviews, Mr Mulhall denied membership of the IRA.

Garda Chief Superintendent Kevin Donohoe told the court that on the basis of confidential information, it was his belief Mr Mulhall is a member of the IRA and was such a member within the State on September 26, 2012.

Returning judgment, Mr Justice Paul Butler said the court was satisfied Chief Supt Donohoe was a person of integrity and experience, and accepted he holds the belief expressed. However, he said the court would not convict on the basis of such a belief alone in the absence of some form of independent corroboration.

Mr Justice Butler said the court was satisfied that Mr Mulhall gave false answers and failed to answer a number of material questions put to him in Garda interview, and found it was entitled to draw inferences from this.

However, he said the court noted that the accused is entitled to the benefit of the doubt, and when two views on any part of the case are possible on the evidence, the court should adopt that which is favourable to the accused, unless the State has established the other beyond a reasonable doubt.

Mr Justice Butler said the court found the accused’s admission that he was offered money by a named man to take photographs of a “very tall guard” could be a reasonable possible alternative explanation for the failure and refusal to answer material questions.

He said that in all the circumstances of the case, the court must have some reasonable doubt as to whether the accused was a member of an unlawful organisation and would therefore acquit Mr Mulhall.