Verdict due in IRA membership trial

A verdict is expected next Tuesday morning in the case of a former Irish soldier accused of membership of an illegal organisation.

The court has been told that a witness, David Mooney, handed over a total of €15,000 to the accused, Mr Martin Kelly, and Mr William Clare to allow his lap-dancing club ‘Bunnies’ to open in Temple Bar last year.

Mr Mooney has since entered the Witness Protection Programme.

Mr Kelly, aged 47, of Westpark, Artane, Dublin, has pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on July 29, 2002.

Mr William Clare, originally on trial with Mr Kelly, changed his plea to plead guilty of membership of the IRA last Wednesday (November 5).

The Special Criminal Court heard the closing submission today of defence counsel Mr Peter Finlay SC, who said that that there “is an enigma at the heart of this case”.

“Mr Kelly was not marching or drilling people despite 26 years of experience in the army. What is a 47 year-old man doing joining the IRA five years after the ceasefire? It doesn’t make sense” said Mr Finlay.

“He has a certain personality type, you may or may not like it, but he didn’t cause any trouble in the army” he said.

“With a legitimate business on the side for 17 years, a wife and family, why would he throw it all away to join the IRA?” he asked the court.

Mr Finlay said that evidence from Mr David Mooney was “completely at odds with Mr Pat Byrne’s evidence”.

Director of Protocol Contract Services, Mr Patrick Byrne gave evidence last week that he had been intimidated by Mr Clare and also felt threatened when Mr Kelly rang him during the trial.

The defence also said the “weight and significance” of evidence from Chief Superintendent Philip Kelly was “eroded” by Mr Kelly denying he was a member of the IRA.

Chief Supt Kelly told the court that he believed Kelly was a member of an illegal organisation on July 29 last year but refused to disclose the sources of his intelligence.

Mr Finlay said that even though Martin Kelly’s manner and appearance would “make one fearful”, at the end of the day he had been treated as an ordinary civilian criminal during his time in custody at Portlaoise, “not as a political prisoner”.

“He’s a man who has dealt with money for security in Dublin but there’s no question of extortion” he added.

The three judges of the Special Criminal Court will deliver their verdict at 11am on Tuesday morning.