Court finds Dublin man guilty of IRA membership

A Dublin father-of-two has been found guilty of IRA membership at the Special Criminal Court.

Robert Nolan (aged 45) of Elmdale Park, Cherry Orchard, Ballyfermot had pleaded not guilty to membership of an unlawful organisation within the State, namely the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 11, 2012.

The court heard Nolan was a passenger in a green Ford Mondeo car that was stopped by a marked armed response garda patrol unit in the Ballinacurra Weston area of Limerick city on the afternoon of January 11 last.

Gardai who searched the vehicle uncovered a Webley revolver in a brown paper bag which had been concealed under the front passenger seat where Nolan was sitting. The driver of the car was a convicted member of the IRA.

Returning judgement this morning, Mr Justice Paul Butler said the court found that Nolan’s failure to answer material questions in interview was “wilful, deliberate and calculated” and this corroborated the belief evidence of Chief Superintendent Kevin Donohoe that Nolan was an IRA member.

He said Nolan was interviewed three times pursuant to Section 2 of the Offences Against the State (Amendment) Act 1998, where he was informed that a judge or jury could draw certain inferences from his failure or refusal to answer material questions relating to his arrest.

Mr Justice Butler said that over the course of these interviews, Nolan failed to answer questions concerning his movements and his presence in Limerick in a car with a convicted member of the IRA, other than saying that on the advice of his solicitor he was not making any comment.

He said it was noted that Nolan had given answers to some of these matters in other interviews not covered by Section 2, but the court found many of these answers to be “incredible”, in particular his explanation that he had travelled to Limerick with the driver of the car “just for the spin”.

Mr Justice Butler said Nolan’s statement that he was refusing to answer on the advice of his solicitor did not constitute a reason for not answering material questions and the court was satisfied of its entitlement to draw an inference that Nolan was a member of the IRA from his failure to answer these questions.

He said the court was satisfied that Chief Supt Donohoe was “a person of the highest integrity” and that his evidence was “not only an honest belief” but was a “solid” belief based upon his 30 years experience as a member of An Garda Siochana and his knowledge of the accused.

Mr Justice Paul Butler, sitting with Judge Margaret Heneghan and Judge William Hamill, said this belief was strongly corroborated by Nolan’s failure to answer material questions and the court would therefore convict Nolan of membership of the IRA on January 11th last.

He remanded Nolan on continuing bail until December 11 next for sentence.