Trial of men accused of Real IRA membership collapses

The trial of four Derry City men accused of Real IRA membership collapsed dramatically at the Special Criminal Court in Dublin today.

The court heard during the trial that the four men were arrested the day after a Real IRA press conference which was filmed by the BBC in the Creggan area of the city. A Detective Garda identified two of the accused, Gary Donnelly and Martin O'Neill as men photographed in the background of the press conference given by three masked men.

The four Derry City men are Gary Donnelly (aged 38), Kildrum Gardens, Michael Gallagher (aged 28), Sackville Court, Martin Francis O'Neill (aged 40) , Colmcille Court, and Patrick John McDaid (aged 38), Marlborough St.

They had pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oghlaigh na hEireann, otherwise the IRA, on March 16.

Today prosecuting counsel Mr Patrick Marrinan SC told the three judge non-jury court that his instructions were to enter a nolle prosequi at this stage of the trial. This means that the State is not proceeding with the prosecution.

After the State’s application, Mr Justice Paul Butler, presiding , discharged the four men and they left the dock. They hugged and greeted friends and family after their discharge.

The State’s decision came after the court ruled that the initial detention of the four men when their car was stopped by a Garda Sergeant at Bridgend in Co Donegal was unlawful and that their subsequent arrest was therefore unlawful.

Mr Marrinan told the court at the opening of the trial that the State would be relying on the opinion evidence of Chief Superintendent Terry Mc Ginn and that this would be corroborated by other evidence, including the failure of the men to answer questions when interviewed after their arrest.

The court heard that seven men, including four BBC journalists, were arrested on the night of March 15 and that garda seized digital video cameras and tapes which when processed showed 52 minutes of an interview with three men wearing balaclavas and combat jackets.

One of the masked men was carrying an AK 47 assault rifle and the men told the BBC they were representatives of the leadership of Oglaigh na hEireann.