Man accused of IRA membership denied bail

A father-of-five accused of possessing a firearm and of IRA membership was refused bail today.

The Special Criminal Court, at Dublin’s Parkgate Street, rejected an attempt by Louth man Barry O’Brien to get bail, ruling that it would be “inappropriate” as the 38-year-old is due to go on trial later this year for an alleged offence dating back to 2004.

A senior Special Branch detective told the three-judge court today that Mr O’Brien, of Stonetown in Dundalk was “out on bail” in respect of this charge, concerning membership of an illegal organisation, when he was arrested earlier this month by gardaí investigating dissident republican activity.

Mr O’Brien was brought before the Special Criminal Court on August 10 last and charged with unlawfully possessing a firearm at a location in Dundalk two days earlier and of membership of illegal organisation, namely the IRA, on the same date.

Lawyers for Mr O’Brien told the court today that their client is a father of five children, the youngest of whom is six months old.

They also said Mr O’Brien’s trial in respect of 2004 membership charge was due to begin this November, having been delayed for a period of time because of an aspect of the case was being dealt with by the Supreme Court.

The State objected to the granting of bail, on the grounds that a refusal of the application was “necessary” to prevent the committal of “further offences”.

Refusing bail today Ms Justice Alison Lindsay, presiding, said Mr O’Brien had undertaken to be of good behaviour under the bail conditions set out for the earlier alleged offence, and added that these latest charges were of “a serious nature”.

Mr O’Brien was remanded in custody until November 16 next, the date on which his trial is due to start before the three judge, non jury court.

Four other men, arrested on August 8 as part of the same investigation, were granted bail by the Special Criminal Court today.

They are Paul Maguire (aged 24) of Drumleek South, Castleblayney in County Monaghan, who is charged with unlawfully having a sawn-off shot gun at Dundalk’s Ecco Road on the date of his arrest.

Eamon Lennon (aged 34) of Inniskeen in County Monaghan, and Neil Smith (aged 32) and Des Ryan (aged 53) both with addresses at Tubberfinn, Donore in Meath who are charged with membership of an illegal organisation, namely the IRA, on August 8 last.

Mr Lennon and Mr Ryan are further charged with the unlawful possession of a firearm at separate locations in Dundalk last Sunday.

All four will appear before the court again in the new legal term on October 12.