Garda interviews ruled inadmissible
The Special Criminal Court today ruled inadmissible an entire set of garda interviews of a man accused of IRA membership.
Defence counsel in the trial of Mr Thomas Redmond claimed that "irregularities" had occurred during 19 interviews conducted in Wexford garda station between October 1 and 4, 1999.
The prosecution conceded that in all but two, the provisions of section 2 of the Offences Against the State (amendment) Act 1998 were not properly invoked.
This section allows the court to draw inferences from the accused's failure or refusal to answer material questions relating to the alleged offence.
Mr Justice Diarmuid O'Donovan, presiding, said remarks by the accused in the 18th interview "suggests very strongly that Mr Redmond did not understand the meaning of section 2".
The court was satisfied that the final interview must also be tainted with the same irregularity, and so ruled out of evidence the entire set of interviews.
Defence counsel Hugh Hartnett SC claimed that the "background" to the questioning of the accused "was a pantomime of errors, conflicting advice and confusion."
Mr Thomas (Tom) Redmond (aged 62) with addresses at The Grove, Clonard, Co Wexford and The Gate Post, Forth Commons, Wexford, has pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise, Oglaigh na hEireann otherwise the IRA on October 1st 1999.
The trial continues tomorrow.