Court reserves judgement on Supt's evidence

The Special Criminal Court has reserved judgement on defence applications concerning the belief of the head of the Garda Special Branch that two Dublin men were IRA members.

Defence counsel for the two men made legal submissions following the evidence of Detective Chief Superintendent Philip Kelly, who is in charge of the Special Detective Unit, that he believed the two men were IRA members in October, 2002.

The Detective Chief Superintendent claimed privilege in relation to the sources of his belief under cross-examination.

It was the fifth day of the trial of Niall Binead, also known as Niall Bennett, aged 35, of Faughart Road, Crumlin and Kenneth Donohoe, aged 26, of Sundale Avenue, Mountain View, Tallaght, 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 October 10, 2002.

Peter Finlay SC, counsel for Binead, applied to the court to appoint a special advocate, as has been done in the UK, to weigh and assess the material behind the Chief Superintendent’s opinion evidence.

Conor Devally SC, counsel for the accused Donohoe, submitted that in order for his client to get a fair trial the prosecution should withdraw the Chief Superintendent’s opinion evidence as part of their case or should withdraw the prosecution entirely.

Prosecuting counsel George Birmingham SC said that the court was being asked to turn its back on centuries of an unbroken legal tradition in the common law world concerning informer privilege.

Mr Justice Diarmuid O’Donovan, presiding, said the court would give its ruling on the defence submissions at the end of the case. The trial continues tomorrow.