C-IRA trial halted for witness recall

The trial of seven men accused of membership of an unlawful organisation, the Continuity IRA, was halted at the Special Criminal Court in Dublin today to allow for the recall of one of the main prosecution witnesses.

The court said that it would be appropriate for Chief Superintendent Gerard Kelly to be recalled to answer defence questions on the sources of his information that the seven men were members of an illegal organisation.

Prosecuting counsel Mr John Edwards SC said that the Chief Superintendent would travel to Dublin this evening and would be available for re-examination tomorrow.

Mr Edwards applied for an adjournment and said that the issue canvassed by defence counsel was so fundamental to the trial that if it were to be resolved in a certain way it might be pointless continuing with the trial.

"The result of that issue is something of such fundamental importance that it might have a bearing on the case as a whole," he added.

The court has heard that 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 in the trial that in his opinion, each of the seven accused was a member of an unlawful organisation on December 17, 2001.

It was the eighth day of the trial of the seven accused who 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 court asked for Chief Superintendent Kelly to be recalled after an application by Mr Peter Finlay SC, for Brommell, supported by Mr John Phelan SC, for Long, that Superintendent Gerard Mahon should disclose his sources of information which formed his belief that the accused were members of an unlawful organisation.

Mr Justice Paul Butler, presiding, said the issue was a legitimate one to raise but the court felt it was appropriate that the question should be put to Chief Superintendent Kelly who gave evidence that his belief that the accused were members of an unlawful organisation was based on "confidential information".

The trial resumes tomorrow.