Real IRA trial hears that imitation firearm 'could be illegal'

A Garda ballistics expert has told the Special Criminal Court that an air pistol found in a car in which three Northern Ireland men charged with membership of the IRA were travelling when arrested is not a “BB” gun.

Detective Sergeant Jarlath Lennon told the court that the “G10 repeater” replica pistol found in the rear passenger seat foot-well of the car was “a very realistic imitation firearm”.

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 hEireann, otherwise the IRA.

The court heard today that a search of the navy-coloured Mercedes C220 car in which the men were travelling when stopped at a checkpoint on February 22 last revealed an imitation firearm, as well as cable ties, latex gloves and insulation tape.

Det Sgt Lennon told Ms Una Ni Raifeartaigh SC, for the State, that the air pistol could fulfil the criteria of legislation which deems it an offence to possess such imitation firearms in a public place.

He agreed with counsel for McGarrigle, Mr James Gallagher QC, that the imitation piece was not a firearm but rejected a suggestion that it was “effectively a BB gun”.

Det Sgt Lennon told the court that a BB gun referred to an imitation piece which fired plastic bearings and are primarily used in air-soft sports activities, while the imitation firearm found in the Mercedes car was designed to shoot lead pellets, small steel bearings and darts.

He agreed with Mr Gallagher that the item was of the type that children would be interested in, had been in manufacture for 30 to 40 years and was easily and legally obtainable.

Ms Ni Raifeartaigh told the court that in a series of interviews, Desmond Donnelly exercised his right of silence in response to sustained garda questioning.

In his second interview, Desmond Donnelly made a statement in which he told gardaí that he was in Letterkenny with friends and denied being a member of an illegal organisation or engaging in illegal activities.

Before commencing his third interview, Donnelly made a further statement where he denied all knowledge of the articles found in the Mercedes car and affirmed that should his DNA be found on any the items, it had been transferred there “accidentally”.

The trial continues in front of the three-judge court, with Mr Justice Paul Butler presiding.