Detective denies prejudicial evidence claim

A detective sergeant today denied that he deliberately gave prejudicial evidence in the trial of seven men accused of membership of an illegal organisation, the Continuity IRA.

Detective Sergeant PJ Walsh, Henry Street, Limerick had resumed cross examination in the Special Criminal Court following the court's rejection of a an application to discharge itself because of what the defence claimed was prejudicial evidence.

Shortly before the ruling, lawyers for two of the accused, Des Long and Patrick O'Shea withdrew the application on the instructions of solicitor John Devanane.

However, Mr Peter Finlay SC acting for Gerard Brommell, continued with his application, which the court then rejected.

When cross-examination resumed today, Mr John Phelan SC put it to Detective Sergeant Walsh that he had deliberately given evidence in order "to prejudice my client in a most malevolent way".

No, the witness replied.

Referring to the witness's comments in relation to an "important IRA meeting" Mr Phelan accused him of having "stuck that little comment in" to create an improper impression of Mr Long.

Counsel then put it to Detective Sergeant Walsh that Mr Long's activity on the night of the alleged meeting was not consistent with the gardai's evidence that that he was engaging in "anti-surveillance".

"In my view My Lord, I felt he was trying to avoid being followed", the witness said.

Another witness, Detective Garda Tom Dee, said he was put on surveillance duty on Mr Long on 17 December 2001. He told the court Mr Long "was known to me".

Mr Finlay objected to this evidence, saying the term was open only to an adverse interpretation.

Not so, interjected Mr Justice Paul Butler, presiding. A garda might know the person through, for example, "membership of a political party".

When counsel disagreed, the judge asked was it not the case that the accused complained of garda harassment because they were members of a political party, Republican Sinn Fein.

The court has heard that the seven men were arrested when a large party of gardai raided a house in the Shanabooly Road area of Limerick in December 2001.

Prosecuting counsel Mr John Edwards SC has told the court that gardai found a note in the house which referred to firearms and had other references to a person "wanted for knee cap job" and to a "safe house". He said the unlawful organisation in the case was the Continuity IRA.

Chief Superintendent Gerard Kelly gave evidence earlier that in his opinion, each of the seven accused was a member of an unlawful organisation on December 17 2001.

The seven accused have pleaded not guilty to a charge that on December 17, 2001, within the State, they were members of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hEireann.

They are Des Long (aged 62), Vice President of Republican Sinn Fein, of Shannon Banks, Limerick, Patrick Kenneally(aged 58), of Crusheen, Co Clare, Patrick O' Shea (aged 54) of Sir Harry's Mall, Limerick, Gerard ``Ger'' Brommell (aged 43), of Rostura Crescent, Woodview Park, Limerick, Robert Mc Namara (aged 59), of St Michael's Avenue, Tipperary, Joseph ''Tiny'' Lynch (aged 61), of Beechgrove Avenue, Ballinacurra Weston, Limerick and Christopher Dunne (aged 28), of Donnellan Buildings, Rosbrien, Limerick.

The trial continues on Tuesday.