Opinion evidence 'inherently flawed' says defense

The Special Criminal Court has reserved judgment in the case of a Wexford man charged with membership of the IRA.

The court today rejected a defence application to dismiss the case on the grounds of insufficient, or flawed, evidence.

Mr Thomas (Tom) Redmond (aged 62) with addresses at The Grove, Clonard, Co Wexford and The Gate Post, Forth Commons, Co Wexford, denies being a member of an unlawful organisation styling itself the IRA, otherwise Oglaigh na hEireann, otherwise the Irish Republican Army, on October 1st 1999.

The court has heard that metal parts found at Mr Redmond's home and workshop were allegedly linked to home made grenade and rocket launchers uncovered in arms finds at Killellan, Castlebridge and Shelmalier Commons, Co Wexford on October 4 and 5.

The arms finds were discovered by gardai investigating the activities of dissident republicans.

Closing for the prosecution, Mr P.J.McCarthy SC said the items recovered during the search of Mr Redmond's property were corroborative of Chief Superintendent Michael Murphy's opinion that the accused was a member of the IRA.

One of the items, counsel said, fitted perfectly into both of the grenade launchers found by gardai.

Summing up for the defence, Mr Hugh Hartnett SC claimed however, that the opinion evidence was "inherently flawed" because of a conflict between Superintendent Murphy's sworn evidence and that of a previous statement.

He said the items seized at the accused's premises were in widespread commercial use and were not, as the State alleged, firearms, or "parts of firearms". If that was so, he continued, why did the State not charge him with unlawful possession of firearms.