Accused fails to get court discharged

The Special Criminal Court today refused to discharge itself from trying the case of three Armagh men accused of membership of a dissident republican organisation.

Lawyers acting for one of the accused applied to the court to discharge itself over what the defence claimed was a grossly preducial and gratutious remark by a garda witness.

During cross-examination by Ms Deirdre Murphy SC for the accused, Aidan Grew, Detective Inspector John Gantley, of the Special Detective Unit, said from what he knew of Mr Grew, he would not think he would be afraid of firearms.

Counsel described the detective inspector’s remark as a “gratutious and unnecessary comment from the witness”. Apply for a discharge, counsel said if this case was before a jury, the jury would be discharged.

However, Mr Justice Paul Butler, presiding, said the court was satisfied that it was not prejudiced by the remark, which was made in response to a question.

Detective Inspector Gantley was giving evidence of the details of arrest and caution of Mr Grew.

The witness said he was in charge of a search party at a farmyard in the townland of Dunaldrin in early November 2002.

At around 6pm, a green Toyota Avensis driven by Mr Grew came towards him.

Another man, Gareth O’Connor was in the passenger seat.

Detective Inspector Gantley told the court that he identified himself as a member of the gardaí but the car reversed back and tried to exit the laneway at speed.

Ms Murphy put it to the witness that the gardaí were not identifiable.

She said Mr Grew would not dispute that he tried to get away but he would dispute that he was aware that they were gardaí, or that the gardaí had identified themselves.

Counsel added that gardaí were armed and wearing what she described as combat style jackets and caps, and that the acccused panicked as he did not know they were gardaí.

The witness disputed this. He told the court he shouted “stop, armed gardaí” to the driver and that he was wearing a cap emblazoned with the word “garda”.

The court has heard that two other accused were arrested earlier that day on the old Armagh road by gardaí who trailed them after they left the farmyard at Dunaldrin in two separate vehicles.

The court has also heard that Gareth O’Connor was also charged and was due to stand trial with his co-accused.

However, he went missing - believed to have been abducted - in May 2003 and is now the subject of a murder inquiry.

The three accused are Cathal Loughran (aged 27), of Friary Road, Clady, Co Armagh, Dominic Dynes (aged 32), of St Matthew's Estate, Keady, Co Armagh and Aidan Grew(aged 47), of Benburb St, Blackwatertown, Co Armagh. The three men have pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on November 8th, 2002.

The trial continues at the Special Criminal Court tomorrow.