Court to deliver Murphy verdict on Friday

The Special Criminal Court is to deliver its judgment on Friday in the case of a Limerick man accused of membership of the IRA.

It was alleged during the trial that the accused Brian Murphy is a member of the Real IRA. Last week, Mr Murphy (aged 35) of Ardshan, Bally, Adare Co Limerick was acquitted of the unlawful possession of a rifle and ammunition.

Summing up for the prosecution today Mr Brendan Grehan SC prosecuting, submitted that the Lee Enfield rifle recovered from the boot of the accused's car was a "soldier's rifle" manufactured for use by the British Army. He submitted that an unlawful organisation such as the IRA requires people to "transport weapons from place to place".

Counsel asked the court to consider that Brian Murphy's conduct on April 24 last supported the evidence of Chief Superintendent Gerry Kelly, Limerick. The superintendent testified as to his belief that the accused was a member of the IRA.

Closing for the defence, Ms Isobel Kennedy SC, pointed to accused's evidence denying membership of an unlawful organistion. Counsel submitted that the warning that an accused must account for his movements under section 2 of the Offences Against the State (amendment) Act 1998 was not "cogent, accurate or concise" as was required by this "particularly draconian" provision. Therefore, the court was not entitled to draw any adverse inferences from the accused's a2 interrogation.

Counsel concluded: "There is no evidence whatsoever to link Mr Murphy to the items that were found in his car. There was nothing, even in a minor matter, that would give rise to the allegation of membership. "

Brian Murphy has pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hÉireann on 24 April 2003.