Chief Supt tells court he 'mislaid' documents

A Garda Chief Superintendent told the Special Criminal Court today that original documents relating to the trial of three Northern Ireland men accused of Real IRA membership had been "mislaid".

Chief Superintendent Colm Rooney said that he had put the documents - copies of extension orders and original briefing notes - in the door pocket of his car after photocopying them at Monaghan Garda Station and bringing the photocopies to the home of Superintendent Thomas Flannery.

He said that he had been unable to find them after carrying out searches at his home, his car, at Monaghan Garda Station and at Superintendent Flannery's home.

The Chief Superintendent agreed with Ms Ivana Bacik BL, counsel for one of the accused Aidan Grew, that the documents had been "mislaid or lost in the course of the trial".

He was giving evidence on the 18th day of the trial of three men who 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.

A fourth man arrested with the three accused, Garreth O’ Connor, aged 24, of Bawnbrook Hill, Armagh went missing last year while on bail.

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

Grew and O’Connor were arrested after Grew tried to reverse at speed from a farmyard where gardaí were conducting a search.

Chief Supt Rooney has already given evidence that he believed each of the three accused were members of an illegal organisation on the date in question.

Chief Supt Rooney said that he had met then Det Supt Peter Maguire to discuss the arrest of four men in Co Monaghan in November, 2002 and to carry out a review of the prisoners who were then in custody.

Det Supt Maguire briefed him on each prisoner and they discussed extension orders and he made notes of the discussion.

He kept the documents in his possession in a folder in a drawer in his office until the trial started last month.

Chief Supt Rooney said that after completing his evidence in the trial last month he put all the documents in his briefcase and went home.

He went to Monaghan Garda Station and photocopied the documents to give to Superintendent Flannery and he then put the original documents in the door pocket of his car and delivered the copies to the Superintendent.

He said that when he was contacted last week and asked to bring the original notes to court he searched for them but could not find them.

He searched his office, his home and Superintendent Flannery’s house but could not find the original notes.

Cross examined by Ms Bacik, the Chief Superintendent said: "To me they were not significant. There was nothing in the notes which would make them in any significant."

Asked if he had any idea what happened the notes, Chief Supt Rooney replied: "If I knew I would go and get them."

Following the Chief Supt’s evidence, defence counsel for the three men applied to the court to direct a mistrial on the grounds that because the original notes had been lost they were not in a position to test the credibility of Chief Supt Rooney who is the chief prosecution witness in the case.

The court will rule on the defence application tomorrow.