Former teacher jailed for membership of unlawful organisation

A former schoolteacher from Co Louth was today jailed for five years after being convicted by the Special Criminal Court of membership of an unlawful organisation.

Mr Sean Mulligan (aged 52), a father of three from Carnalughogue, Louth Village was one of four men arrested at in a room at the Neptune Beach Hotel in Bettystown, Co Meath in July last year during an investigation into the activities of the Real IRA.

The court heard that the accused - who denied the charge -is a former schoolteacher. However, he could not get a teaching post after his arrest and began driving a taxi.

The accused has four previous convictions including one for the attempted murder of a garda. The convictions, dating back to 1977, also include unlawful possession of firearms with intent to endanger life and assault with intent to rob.

The trial has heard that items found during a search of the accused's home in March last year included documents with the specific reference: "The war is nearly over and some volunteers wanted to get something for themselves".

Mr Richard Johnson, presiding said the words 'war' and 'volunteers' was an indication that it referred to an illegal organisation. He said this was corroborative of the opinion of Chief Superintendent Michael Finnegan, of the Louth Meath Division, that the accused was a member of the organisation styling itself the IRA on 29 July last.

The prosecution case was that there was a Real IRA meeting taking place in the hotel room when gardai raided the premises.

The court had heard that certain items were put to Mr Mulligan during questioning by gardai under S2 of the Offences Against the State (Amendment) Act 1998 but the accused replied "no comment". Mr Justice Johnson said the court was satisfied that Mr Mulligan fully understood the implications of S2, which allows a court to draw inferences from an accused's silence.

Therefore, the court is entitled to draw inferences that is corroborative of Chief Superintendent Finnegan's opinion, he added.

Mr Justice Johnson noted that the accused's previous convictions were recorded 25 years ago. However, the court could not ignore the gravity of the offence nor the severity of the sentence imposed at that time.

The court jailed Mr Mulligan for five years to take effect from July 29 last.