Gardaí in Monaghan 'not co-operative', court told

A Belfast solicitor claimed he could not give his client advice over his arrest for suspected membership of the IRA because he got “absolutely no disclosure of information” from gardaí at Monaghan, the Special Criminal Court heard today.

Mr Daniel McNamee, of Tiernan Solicitors in Northern Ireland, told the court how he drove from Belfast to Monaghan Garda Station on Saturday November 9, 2002, to consult with his client, but was made to wait “some considerable time” before he got to consult with Mr Cathal Loughman (27) of Friary Road, Clady, Co Armagh.

Mr Loughman is on trial with two other men for membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on November 8, 2002.

The other two men are Mr Dominic Dynes (32), of St Matthew's Estate, Keady, Co Armagh and Mr Aidan Grew (47), of Benburb St, Blackwatertown, Co Armagh. All three men are pleading not guilty to the charge.

Mr McNamee said that when he arrived at Monaghan Garda Station he asked for the circumstances of his client’s arrest and asked to speak with the custody officer and the garda in charge of the investigation.

“I said: 'I’m here to see Mr Loughman'. I said: 'I’m here to consult with my client,'” Mr McNamee said. “They said ‘No, you’re going to have to wait’” he said.

“I waited some considerable time. When I finally saw Mr Loughman I believe it would have been some time after,” he added. Mr McNamee consulted with his client in a small room with Mr Loughman facing the door which “the gardaí insisted remain open”, despite his requests to close it.

He said there were a number of gardaí standing in the corridor and he and his client had to speak to each other in “whispered tones so they couldn’t hear us”.

Mr McNamee said he told Mr Loughman that all he was told by gardaí about his arrest was that he had been arrested under Section 30 of the Offences Against the State Act for membership of the IRA.

“I had absolutely no disclosure of information that would allow me to give my client advice,” he said. He drove back to his office in Belfast that evening and faxed a letter of complaint about the “physical circumstances” of his consultation to Monaghan Garda Station.

When cross-examined by Mr George Birmingham SC prosecuting, as to why he couldn’t have found out information about the arrest from Mr Loughman himself, Mr McNamee said: “That’s a ridiculous notion”, and that his client “might not understand why he was arrested.”

The trial continues at the Special Criminal Court tomorrow