Kildare man cleared of IRA membership

A Co Kildare man was cleared of IRA membership by the Special Criminal Court in Dublin today.

John O' Reilly (aged 34), of Glendale, Leixlip had denied membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on June 25 , 2009.

During the trial the court heard evidence from Detective Chief Superintendent Peter Kirwan, who is in charge of the Security and Intelligence Division, that he believed O' Reilly was a member of the IRA on June 25.

The court also heard that O' Reilly made alleged admissions admitting his membership of the IRA during interviews with the gardaí at Lucan Garda Station.

But Mr Justice Paul Butler, presiding at the three-judge non-jury court, said that the alleged admissions came after cigarette breaks which were supervised by one of the interviewing gardaí.

"The court is satisfied, that it is advisable that there should be as little verbal contact as possible or any conversation between an accused person and an interviewer other than whilst an interview is being recorded," he said.

The judge said that while a cigarette break involving an interviewer does not automatically render the contents of the interview inadmissible, in this case the court must have some doubt as to what was said and not recorded.

The court therefore found that the alleged admissions were inadmissible and since there was not other evidence corroborating the belief evidence of Chief Superintendent Kirwan, the court acquitted O' Reilly.