Defence calls for man's acquittal on explosives charge

A defence lawyer of one of two men accused of having a massive quantity of explosives near the border last year applied for a direction to acquit his client at the Special Criminal Court today.

Joseph Fee, aged 40, of Blackstaff, Inniskeen, Co Monaghan, and Eamonn Matthews, aged 25, of Dublin Road, Killeen, Newry, Co Down have pleaded not guilty to the unlawful possession of an explosive substance - ammonium nitrate and sugar (ANS) - and having the explosive with intent to endanger life at Thornfield, Inniskeen, Co Louth on June 13, 2003.

The application came after evidence provided by Dr Thomas Hannigan of the Forensic Science Laboratory that the examined explosives originated from two different batches.

Mr Blaise O'Carroll SC, for Matthews, told the court: "The prosecution have failed to make a case against my client."

Dr Hannigan told the court that samples of the explosives mixtures taken from another farm yard and the crime scene did not match: "There is a difference between the mixtures in the level of black particles present, which would suggest that they were not prepared as one batch."

"The only connection my client has is the hiring of the cement mixer," Mr O'Carroll SC told the court.

A cement mixer, which contained traces of an explosive substance, was seized at the farmyard on June 13. "You've seen the video," he added.

Last week, the court saw CCTV evidence of Matthews, accompanied by another man, renting a cement mixer and another appliance, which Matthews signed for and the other man paid for.

"You will recall that the cement mixer was driven openly past a garda station on the 12th of June," Mr O'Carroll SC said.

Prosecuting counsel, Mr George Birmingham SC, said: "The prosecution is, and always has been, saying that these men were assisting each other and aiding and abetting each other. It is my submission that the two are inexplicably linked."

Mr Birmingham SC went on to tell the court that Matthews was seen coming from a farm yard where traces of explosives were found and that he "was in the presence of someone who has undoubtedly been making bombs".

Mr Justice Diarmuid O'Donovan told Mr Birmingham SC: "There is a smell. Now, is there anything else?"

"Yes, there is. There is the pungent smell of ammonium nitrate," Mr Birmingham replied.

The court has heard that the explosives, weighing 500kg or 1100lbs, were found in a large industrial sack and in a van on the premises.

The court has heard that Fee and Matthews were arrested after a major garda operation in north Co Louth last year.

The operation culminated on June 13 when gardaí entered a yard and shed at Thornfield.

The trial continues tomorrow.