Court refuses defence application

The Special Criminal Court today refused a defence application to discharge itself from hearing the case of a Dublin man accused of membership of an illegal organisation.

Defence counsel Mr Barry White SC had applied to the court to discharge itself because two of three judges hearing the case of Declan Carroll had previously dealt with another trial in which Carroll had been convicted of membership.

Judge John D. O' Hagan and Judge Michael Reilly were members of the court that convicted Carroll for membership of an illegal organisation last December.

But Mr Justice Joseph Finnegan, presiding, said that the court and each member of the court was satisfied that the material in question can be and will be excluded from their minds.

The judge also said that the court was satisfied that a reasonable bystander, fully informed, could have no reasonable apprehension that the accused will not receive a fair trial.

He said that the two members of the court who dealt with Carroll previously had no recollection of it until they were informed by Mr White.

Declan Carroll(25), of Edenmore Crescent, Raheny, Dublin pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on July 29th last year.

The prosecution has claimed that Carroll was arrested during a garda swoop on a Real IRA meeting taking place at the Neptune Beach Hotel in Bettystown, Co Meath last July.

The prosecution has said the case against Carroll consists of the opinion of a Garda Chief Superintendent that he was a member of an illegal organisation and his refusal to answer questions relating to membership during interviews with the gardai.

The trial continues tomorrow.