No explanation for explosive materials in apartment

A Monaghan man in his 20s failed to offer any explanation for why he had certain explosive materials in his presence when he was arrested during an armed raid on a Dublin apartment, the Special Criminal Court heard today.

The special three judge, non jury court was hearing evidence on the second day of a trial of three men accused of unlawfully having explosive material in their possession at an apartment in The Crescent, Park West Point, Clondalkin, Dublin 22 on September 9, 2008.

Cormac Fitzpatrick (aged 23) of Cathedral Walk, Monaghan, Co Monaghan, Gareth Byrne (aged 27) of Park Crescent, Kimmage, Dublin 12, and Terry McConnell (aged 28) of Tullymore Gardens, Andersontown, Belfast have all pleaded not guilty to the charge.

Some 620 grams of propellant powder, pieces of steel piping, bulbs, batteries, several travel alarm clocks and nails were among the items seized during the raid, which was made as part of a surveillance operation in the Clondalkin area.

Detective Garda Thomas Minnock told the court today that moments after a team of Special Branch officers forced their way into the apartment during the early hours of September 9, 2008, he observed two men wearing latex gloves standing in the bathroom.

Detective Garda Minnock said that as he approached the bathroom, he saw one of the men, Cormac Fitzpatrick, drop items from his hand. One of these items made a noise as it “fell into the bath” and “the other fell on the floor”. He said he later found these to be a battery and a small black clock.

A green or grey powder-like substance was observed on a saucer inside the bath tub.

Detective Garda Minnock said Cormac Fitzpatrick was removed from the bathroom and taken to a nearby bedroom but that he remained in the bathroom with the second suspect, Terry McConnell.

Martin O’Rourke BL, defence counsel for Mr McConnell put it to Detective Garda Minnock that “a towel or blanket” was allegedly placed over his client’s head, and that photographs were taken. Detective Garda Minnock denied that anything had been put over Mr McConnell’s head and said that he saw “no photographs being taken”.

Defence counsel for Cormac Fitzpatrick, Anthony Salmon SC, also put it to Detective Garda Minnock that “a towel” was placed over his client’s head. He replied “not that I saw”.

The court also heard from Detective Garda Shane MacNamara who gave evidence as to his arrest of Cormac Fitzpatrick. He told the court that he moved Mr Fitzpatrick from the bathroom of the apartment to the bedroom where he arrested him. He said Mr Fitzpatrick offered no explanation for why he had certain materials in his presence.

It was put to Detective Garda MacNamara, by counsel for Mr Fitzpatrick, that a mobile phone was used to take a photograph of the accused. He replied that this had not happened and that “nothing” was put on the heads of either Mr Fitzpatrick or Mr McConnell.

The court was also told today how a third defendant, Gareth Byrne, was arrested as part of the same operation.

Mr Byrne had been sitting in a car which was parked in a car park adjacent to the apartment complex.

Detective Gerard Manning told the court, he was instructed to go to the car park by the officer in charge of the operation. He said he arrived in the area at around 1.25am to find Gareth Byrne lying on the ground, close to the car. Under cross examination from Jonathan Kilfeather SC, counsel for Mr Byrne, he said he couldn’t recall if a hood was placed over the accused’s head but said “it may have been”, as Mr Byrne was wearing a hooded jacket.

The court heard evidence from Detective Sergeant Peter Oates who was on duty in the Ballyfermot and Clondalkin areas on the night of Sept 8, 2008. He told the court he observed Gareth Byrne walking along Park West Avenue, close to the Park West Pointe apartment complex. He said Mr Byrne was in the company of one of the four men arrested at the apartment a few hours later.

The trial continues tomorrow.