Arrest of Bullman lawful, says court

The Special Criminal Court today rejected claims made by the defence that the arrest of a Co Cork chef accused of IRA membership was unlawful.

Don Bullman (aged 32), of Fernwood Crescent, Leghanamore, Wilton, Co Cork has denied membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA on February 16, 2005.

Mr Justice Paul Butler, presiding at the three-judge court, ruled against the defence who claimed the 10-minute gap from the time the accused was initially stopped to his arrest amounted to an 'unlawful detention'.

"The accused was not detained before his arrest," Mr Justice Butler said, adding that while he was discouraged from leaving the car, he was free to do so.

The court accepted evidence given by arresting officer Det Sgt Rory Corcoran who said he used this time to establish the identity of the men he had stopped before making any arrest.

Mr Conor Devally SC, defending, had also claimed any questions put to him during this interval were illegal because arresting gardaí had not cautioned his client. The court reserved its ruling on this issue.

The trial continues on Tuesday.