Trial of man accused of IRA membership adjourned until July

The trial of a Dundalk man accused of IRA membership almost five years ago was adjourned until the end of July at the Special Criminal Court in Dublin today after the court was told that a High Court order was granted stopping it proceeding pending a legal challenge.

Barry O' Brien (aged 35), of Mountain Court, Dundalk, Co Louth pleaded not guilty last week to membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on April 6, 2004.

Today, his counsel, Ms Deirdre Murphy SC, told the three-judge, non-jury court that a High Court order was granted yesterday putting a stay on the trial proceeding pending a judicial review.

Mr Justice Paul Butler, presiding, remanded O’Brien on continuing bail until July 31, when the case will be mentioned again.

Last week, the court was told that the case was first before the court in December 2004 but the defence applied then to the High Court for a judicial review challenging the jurisdiction of the court and this was unsuccessful.

However, on appeal the Supreme Court held that the Special Criminal Court did not have jurisdiction to proceed with the trial. O'Brien was arrested on Holy Thursday 2004 and was detained for 15 hours in custody before he was charged at the Special Criminal Court.

The Supreme Court held that he had not been brought before the court "forthwith" as specified in the legislation This had been amended in the Criminal Justice Act of 2006 to "as soon as practicable".