Derrymen in custody face dissident-group membership charges

Four Derry men arrested during a Garda investigation into dissident republicans in Co Donegal have been further remanded in custody as the defence waits for a book of evidence to be produced.

The four accused are Gary Donnelly (aged 38), Kildrum Gardens, Michael Gallagher (aged 28), Sackville Court, Martin Francis O'Neill, Colmcille Court, and Patrick John McDaid (aged 39), Marlborough St, all in Derry city.

They appeared this morning for mention at the Special Criminal Court where defence solicitor, Peter Mullan, told the court that, although a trial date had been fixed for December 2, 2008, no book of evidence had yet been produced.

They are charged with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Óghlaigh na hÉireann, otherwise the IRA, on March 16 last.

Mr Mullan said the statutory time period for production of the book in the District Court following charge is 42 days and that that time period expired last month. The men were charged on March 18, 2008.

He said that whether or not that statutory time limit applied in the Special Criminal Court was "another matter".

He drew the court's attention to a January 2008 judgment which suggested that prosecution requests for a time extension in the District Court should be accompanied by evidence as to why it was needed.

Prosecution solicitor, Michael O'Donovan said the rule did not apply in the Special Criminal Court. He said the file in relation to this case was large.

Eleven people had been arrested and seven detained for 48 hours. He said that inquires were "ongoing outside of this jurisdiction".

He said the garda file was expected in two to three weeks and the book of evidence as soon after that as possible.

Mr Justice Paul Butler, presiding over the three judge, non jury court, put the matter in for mention later this month and said that he wanted evidence as to why there was a delay on that date.

Gary Donnelly interrupted proceedings to ask if he could say something. He was told by Mr Justice Butler that he should speak through his legal representative and that the court would rise for a few minutes to allow him to consult with his solicitor.

Mr Donnelly ignored that instruction and said "I believe this is a form of internment. The British are in this country pulling strings. You just have the word of gardaí in Donegal, not known for their integrity or honesty. That's why they won't give reasons".

The four men were remanded in custody until the next mention date. They have never applied for bail and are due to be tried on December 2, 2008 in a case which may run into January 2009.