Chief Supt claims defendant R-IRA member

A Limerick man who was earlier acquitted of firearms charges is a member of the Real IRA, a chief superintendent claimed in the Special Criminal Court in Dublin today.

Chief Superintendent Gerry Kelly, who is in overall charge of the gardaí's Limerick division, was giving opinion evidence in the trial of Mr Brian Murphy, who is accused of IRA membership.

The accused denies the charge.

On Thursday, Mr Murphy was acquitted on charges of the unlawful possession of a .303 Lee Enfield rifle found during a search of his car.

Today Chief Superintendent Kelly told Mr Brendan Grehan SC prosecuting that he believed the accused belonged to the dissident Real IRA.

He said that on April 24, 2003, he became aware that Brian Murphy had been arrested on firearms charges after being arrested with another man at Cloughnadromin, Boher, Co Limerick.

“It is my belief that Brian Murphy was within the State on 24th of April 2003 a member of an unlawful organisation, namely the Irish Republican Army,” he said.

This belief, he added “is not based on any matters arising subsequent to his arrest” nor was it founded on anything found during a search or from questions put to the accused during interrogation.

Asked by counsel about the nature of the organisation, the chief superintendent replied that in his opinion, the accused is aligned to the Real IRA which he described as a "guerilla army” committed to removing the British presence by military means.

Cross-examined by Ms Isobel Kennedy SC, defending as to the basis of his belief that the accused was a member of the Real IRA,

Chief Superintendent Kelly said this came from a number of sources, some of which were sensitive. “I’m claiming privilege on that” he told counsel.

Counsel then suggested that this was “an erroneous belief in respect of Mr Murphy. Mr Murphy will give evidence that he was never a member of any illegal organisation.”

“I have stated my belief and I firmly believe it” Chief Superintendent Kelly replied.

Brian Murphy, aged 35, of Ardshan, Bally, Adare Co Limerick pleads not guilty to membership of an illegal organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on April 24, 2003.

The trial continues on Monday.