RIRA trial aborted as prosecution agrees mistrial

The trial of three Northern Ireland men accused of Real IRA membership was aborted at the Special Criminal Court today after the prosecution conceded a defence application for a mistrial.

The defence application came yesterday on the 18th day of the trial of the three men who were arrested in Co Monaghan in November, 2002 and it followed evidence from a Garda Chief Superintendent when it emerged that original documents in the trial had been "mislaid".

The three judge court had been due to give a ruling on the defence application but when the trial resumed today prosecuting counsel Mr George Birmingham SC said: "I am conceding the application that has been made by counsel".

The three accused were remanded on continuing bail until March 25 when the case will be mentioned again and they left the court.

They had 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, 24, of Bawnbrook Hill, Armagh is the subject of a murder investigation and went missing last year while on bail.

On Wednesday Chief Superintendent Colm Rooney told the court that a number of original briefing notes relating to orders he signed extending the detention of the three accused and O’Connor after their arrest had been "mislaid".

Defence lawyers had sought the original notes but Chief Superintendent Rooney said that he had been unable to find them after carrying out searches at his home, his car, at Monaghan Garda Station.

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".

Chief Superintendent Rooney said that he had last seen the original documents when he put them in the door pocket of his car after photocopying them at Monaghan Garda Station.

Defence lawyers had submitted there should be a mistrial because they were not able to test the credibility of Chief Superintendent Rooney, the chief prosecution witness, as to his beliefs concerning the three accused, in the absence of the original briefing notes.