Setback for the State in major case

The Special Criminal Court has ruled that a large part of the State case against seven men accused of membership of the Continuity IRA in Limerick cannot be admitted in evidence.

The ruling came on the thirty ninth day of the trial - the biggest ever of dissident republicans at the non jury court.

The court ruled that photos, fingerprint and interviews taken from the seven men after their arrest in Limerick on December 17, 2001 were not admissible in evidence.

The court has heard evidence from Chief Superintendent Gerard Kelly that he believed each of the accused was a member of an illegal organisation on December 17, 2001.

The prosecution has claimed that the Chief Superintendent’s evidence was corroborated by a note found during the search and by interviews with the seven accused conducted by the gardai after their arrest.

The ruling came after submissions on the use of Section 30 of the Offences Against the State Act under which the seven men were arrested by gardai at an alleged Continuity IRA meeting in December, 2001.

The section allows gardai to detain suspects for up to seventy two hours without charge.

Mr Justice Paul Butler, presiding, said that defence counsel had made submissions relating to Section 30 as inserted by Section 11 of the Offences Against the State(Amendment) Act of 1998.

This section states that where a person is arrested on suspicion of an offence under Section 30 and released without charge, the person shall not be arrested again for the same offence without a warrant issued by a District Judge.

The judge said that the evidence was that each of the accused had been arrested on different occasions between 1988 and June 2001 on suspicion of membership of an illegal organisation and had been released without charge.

The court had examined the evidence of Chief Superintendent Gerard Kelly and it was clear that his opinion on membership was not based on any of the relevant events of December 17, 2001.

Mr Justice Butler said that in the absence of specific evidence relating to the circumstances of the Chief Superintendent's opinion the court must follow the section and it found that the arrests on December 17 were not in compliance with the section.

The court therefore ruled that the photos, fingerprints and interviews taken following the arrests were inadmissible in evidence.

Defence counsel indicated that they wanted to make further applications following the court's ruling and the trial was adjourned until tomorrow.

The court has heard that the seven accused were arrested when a large party of gardai raided a house in the Shanabooley Road area of Limerick in December 2001 where a suspected meeting of the Continuity IRA was taking place.

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