Garda denies misleading Special Criminal Court

A member of the garda unit who arrested three men as part of an investigation in to the activity of dissident republicans has denied misleading the Special Criminal Court.

Desmond Donnelly (aged 58) of Drumall, Lisnarick, Co Fermanagh, Gerard McGarrigle (aged 46) of Mount Carmel Heights, Strabane, Co Tyrone and Jim Murphy (aged 61) of Floraville, Enniskillen, Co Fermanagh have pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA.

The court had heard how that the three men were arrested at a garda checkpoint outside Letterkenny on February 22 last, and that a search of the car they were travelling in revealed cable ties, gloves and black plastic bags.

Detective Sergeant Michael O’Donoghue agreed with counsel for Mr Donnelly, Mr James Gallagher QC, that his written account of a conversation with Garda Greg Regan - where the two officers discussed the reasons for the men’s detention at the roadside checkpoint - differed from the direct evidence he gave in court.

However, Det Sgt O’Donoghue denied that he had changed or altered his account in the face of evidence given by other gardaí and denied that his statement was misleading the court.

In a written statement, Det Sgt O’Donoghue outlined out how Gda Regan told him he had stopped the black Mercedes car in which the three accused men were travelling under the provisions of section 30 of the Offences Against the State Act.

Det Sgt O’Donoghue told Mr Gallagher that this was in error and he had in fact first asked Garda Regan why the car had been stopped as he had “concerns” as to what provisions the men were being detained under.

He said Gda Regan then informed him that he halted the car under the provisions of section 30 of the Offences Against the State Act.

He denied that Gda Regan’s evidence to the court had influenced him in changing his account of events or that he had adapted his own evidence to fit that as given by other gardaí.

The trial continues at the three judge court, with Mr Justice Paul Butler presiding.