Suspected IRA member remanded on bail

A County Louth man, whose trial on an IRA membership charge was prevented from going ahead by the Supreme Court last month, was remanded on bail at the Special Criminal Court today.

Barry O’Brien (aged 35), of Oaktate, Stonetown, Dundalk, Co Louth was charged with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on April 6, 2004.

Last month, the Supreme Court ruled that the failure to charge O’Brien "immediately" after his arrest on April 8, 2004, meant his subsequent detention for more than fifteen hours prior to his being charged before the non-jury Special Criminal Court was unlawful.

The Supreme Court found O’Brien was therefore unlawfully before the Special Criminal Court and it did not have the jurisdiction to try him.

It quashed the Special Criminal Court’s decision of December 14, 2005, that he was lawfully before it on a charge of membership of an unlawful organisation.

Today, O’Brien was released on an independent surety of €9,000.

In addition, he must sign on daily at Carrickmacross garda station, abide by a curfew between the hours of 9pm and 8am, reside at his home address and surrender his passport to the State.

Mr Justice Paul Butler, presiding at the three-judge court, remanded O’Brien on bail until January 15, next year.