Court refuses garda interview evidence in IRA membership trial

The Special Criminal Court ruled today that portions of garda interviews with two Northern Ireland men accused of Real IRA membership should not be admitted in evidence because the men had not been given proper access to their solicitors.

The court ruled that Cathal Loughran was denied access to a solicitor on November 9, 2002 at 12.02pm and that his detention was unlawful from that period. However he was given access to a solicitor at 1.33pm on the same date and thereafter was lawfully detained.

The court also ruled that an interview with Aidan Grew on November 8 could not be admitted in evidence because although reasonable efforts were made by gardaí to contact a solicitor, Grew made it clear that he required a solicitor during the interview.

The court ruled that 16 minutes of an interview carried out with Grew on November 9 could not be admitted in evidence because his access to legal advice was interfered with by a failure to interrupt the interview.

And the court also ruled that 33 minutes of another interview carried out with Grew on November 10 could not be admitted in evidence because Grew's solicitor Mr James MacGuill was frustrated in his attempts to contact his client for that period.

In the case of a third accused, the court ruled that Dominic Dynes was fully advised by gardaí of his rights of access to a solicitor and chose not to do so and therefore his detention was lawful.

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 8, 2002. They were arrested during a garda investigation into Real IRA activities in Co Monaghan.

They 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 court has heard that Loughran and Dynes were arrested near the border after Special Branch detectives stopped a car and stolen jeep.

Grew was arrested after he tried to reverse at speed from a farmyard where gardaí were conducting a search.

The trial continues tomorrow.