'Not illegal Real IRA' judge says trial must continue

A judge who ruled the Real IRA is not an illegal organisation today resisted a bid to stop the trial of four men he cleared of membership.

Mr Justice Girvin insisted the suspects still have a case to answer over charges they possessed a rocket-launcher and were plotting to murder.

But the hearing at Belfast Crown Court was adjourned for a day to give the defendants’ legal team more time to examine mobile phone records.

Mr Justice Girvin provoked outrage among relatives of those killed in the 1998 Omagh bomb massacre when he found that the dissident republican terrorists responsible were not listed as a proscribed organisation, under current legislation.

With the British government under intense pressure to close the legal loop-hole, Britain’s top legal adviser, Attorney General Lord Goldsmith, has pledged to take the case to the Court of Appeal.

The controversial ruling meant charges of Real IRA membership could not be sustained against the four Co Tyrone men on trial.

Donald Mullan (aged 33) of Firmount Park, Dungannon, Sean Dillon (aged 27) of Roughan Way and Kevin Murphy (aged 33) of Altmore Park, both Coalisland, and Brendan O’Connor from Cavanoneill Road, Pomeroy still face charges of conspiracy to murder and possession of a rocket-launcher in February, 2002.

Their barristers had attempted to have the trial halted, arguing there had been an abuse of process.

But Mr Justice Girvin today ruled: “I hold against the defendants and consider that the defendants have a case to answer in respect of each of the remaining counts on the indictment.

“The reasons for that direction will be given ultimately in judgment on this matter when it comes to a conclusion.”

But he accepted a request from lawyers for the four men to be given more time to analyse phone records central to their case.

Frank O’Donoghue QC for Mullan said: “Initial analysis has been undertaken by my instructing solicitors over the weekend.

“It strikes me that there are other inquiries which may have to be made in respect of phone numbers”.

The trial, which is expected to finish this week, was adjourned until tomorrow.