Trial of Dundalk man accused of INLA membership collapses

The trial of a Dundalk man accused of INLA membership dramatically collapsed at the Special Criminal Court in Dublin today after it emerged that a Special Branch detective driver for the presiding judge was a witness in the case.

Prosecuting counsel Ms Mary Ellen Ring SC applied to the court to have the trial of Anthony Lee relisted at a later date after Mr Justice John Mac Menamin pointed out that his driver was a prosecution witness.

Judges sitting at the Special Criminal Court are given drivers from the Garda Special Detective Unit during their period at the court. The dramatic development came towards the end of the prosecution case on the fifth day of Anthony Lee’s trial.

Lee (aged 33), Carnbeg, Doylesfort Road, Dundalk, Co Louth had pleaded not guilty to membership of the INLA on December 20, 2007.

The court heard that Lee was arrested after detectives stopped the car in which he was a passenger and recovered garda uniforms, two bulletproof vests and two black bomber jackets with an AK47 rifle logo and "Republican Socialist Movement Dundalk" on the back from the car boot.

Mr Justice Mac Menamin interrupted evidence by Detective Garda Patrick Gallagher of the Special Detective Unit to ask if Detective Garda Pat Tobin whose name he had just mentioned was a witness in the case.

The court adjourned the trial after it was confirmed that Detective Garda Tobin was the judge’s driver and was a witness in the case.

When the court resumed defence counsel Mr John Phelan SC applied for the court to discharge itself from the trial and said that the court was "completely compromised". He said that if the court did not discharge itself it would completely unprofessional of him not to go to another place to seek an order.

"This has to do with the perception of the public," he added. Mr Phelan said he completely accepted the integrity of the court.

After consulting with the Director of Public Prosecution’s office, Ms Ring said it was her application to have the matter relisted for another date. She said that it was "a pure oversight" that the judge’s driver was also a witness and she added that it was never intended to call him in the trial.

Mr Justice Mac Menamin, who was presiding at the non-jury court with Judge Alison Lindsay and Judge Cormac Dunne, said that it was very important that justice is seen to be done.

He said that members of the court took great care not to talk about cases with their drivers. The judge said that what had happened was not the fault of Detective Garda Tobin but it was inappropriate that a member of the gardaí involved in the investigation would also be driving a judge in the trial.

He said this was to ensure that the court would not be placed in a situation where it would be compromised, and to ensure no possibility of tainting would occur.

The court remanded Lee on continuing bail until the end of April when his case will be mentioned again.