Garda refuses to reveal sources in terrorist trial

A Garda Chief Superintendent told the Special Criminal Court in Dublin today that people's lives would be at risk if he disclosed the sources of confidential information relating to one of seven men accused of membership of an unlawful organisation, the Continuity IRA.

Chief Superintendent Gerard Kelly claimed privilege over the sources of his information relating to Gerard Brommell. He said that he had a file containing information about Brommell and he also had oral information which had been given to him.

The Chief Superintendent refused to disclose the sources of his information when cross examined by Brommell's counsel, Mr Peter Finlay SC and he claimed privilege.

He told Mr Finlay that the lives of people would be "at immediate risk."

After hearing legal submissions from Mr Finlay and prosecuting counsel Mr John Edwards SC, the court upheld the Chief Superintendent's claim to privilege.

Mr Justice Paul Butler, presiding, said that the Chief Superintendent had expressed his opinion that to disclose the sources would lead to an informant or informants being shot.

The judge said that the court was satisfied that having regard to the fears for the safety of people involved, the rights of bodily integrity and to life outweighed the rights of the accused in the application.

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 ninth 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 trial resumes on Tuesday.