Jail for man convicted of pipe bomb possession

A Dublin man has been jailed for seven-and-a-half years for possessing a pipe bomb at a filling station in Co Waterford last year.

Samuel Devlin (aged 52), of Mountjoy Square, pleaded not guilty to the unlawful possession of an improvised explosive device at TOP garage, Butler's Town Roundabout, Cork Road, Waterford on October 15 last year.

Devlin was convicted of the offence earlier this month after the Special Criminal Court found it was satisfied beyond a reasonable doubt that he was in possession of the pipe bomb at the time of his arrest by gardaí at the TOP garage.

The court heard that Devlin and his co-accused Sean Ryan were placed under surveillance as part of a garda investigation in to the activities of an unlawful organisation in the South East.

Sean Ryan (aged 28), of Mandeville Lane, Waterford, was arrested during the same operation and was jailed for six years at the Special Criminal Court last March, having pleaded guilty to the unlawful possession of an improvised explosive device at the TOP garage.

Devlin was a passenger in a silver Hyundai Atoz car which was observed driving to Waterford from Dublin and entering the May Park housing estate in Waterford city for a period of time.

When the two men stopped at a TOP garage to refuel, Devlin got out of the car and opened the boot. Gardaí then approached the car, conducted a search and uncovered a pipe bomb and a number of components in a rucksack in the boot.

Devlin was subsequently detained by gardaí while the garage forecourt and a section of the Cork Road were sealed off to allow Army bomb disposal experts carry out a controlled explosion and make safe the device.

The State argued that evidence Devlin was “at something” in the boot of the Hyundai car when intercepted by gardaí was sufficient to prove he was aware of the existence of the pipe bomb in the boot.

Counsel for the prosecution, Mr Garnet Orange BL, said the court was entitled to draw inferences of guilt from Devlin’s failure to answer questions put to him in interview regarding his presence in the car and, later, at the boot.

Mr Gerry O’Brien SC, for Devlin, had argued that the prosecution had failed to prove Devlin was in possession of an explosive device as there was no evidence he had any knowledge of either the presence of the rucksack in the car or the presence of a pipe bomb in the rucksack.

Mr Justice Mac Menamin said the court noted that the pipe bomb was a dangerous device which could have caused serious injury to members of the public and carried with it the potential for harm or even death.

He said that while it was submitted that Devlin cooperated with the investigation, his cooperation was limited to a polite demeanour and did not extend to answering questions in interview, save for offering “mantra like” replies.

Mr Justice Mac Menamin said that items found on the accused, including a box cutting knife, insulating tape and gloves, connected him “inexorably and inevitably” with the pipe bomb found in the boot of the car.

He said the court had regard to the fact that Devlin did not obstruct the investigation, did not have any previous convictions and was polite with investigating gardaí.

However, Mr Justice Mac Menamin said the court noted that Devlin was not prepared to give any undertaking as to his future conduct.

He said that having considered all matters, the court was satisfied that a sentence of seven-and-a-half years, backdated to the date of the offence when the accused went in to custody, was appropriate.