Two Dublin men who told accident victim to drop claim found guilty of IRA membership

By Alison O'Riordan

Two men who threatened an accident victim that they were the IRA and would shoot him if he did not withdraw a claim have been found guilty of IRA membership by the Special Criminal Court.

Kevin Braney (44), with an address at Glenshane Crescent, Tallaght, Dublin 24 and Ciaran Maguire (30), of Kippure Park, Finglas, Dublin 11 had both denied membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 2nd, 2017.

Previously, the three-judge court heard that on July 13 last year the two accused men travelled from Dublin to an estate in Longwood, County Meath, where one of the two accused men told the victim that they were the IRA and if he did not drop a claim against a former employer the next time they saw him they would shoot him.

The court heard that the victim had previously been working on a roof when the overhang gave way and he fell off, fracturing his arm, wrist and pelvis. He gave evidence in the trial saying that his employer did not pay his wages and he had put a claim in against him because of hospital bills.

During the trial, the non-jury Special Criminal Court heard belief evidence from Detective Chief Superintendent Tom Maguire that the two accused men were IRA members on the day in question based on confidential information given to him.

Fiona Murphy BL, prosecuting, said in her closing speech that CCTV evidence corroborated testimony from members of the National Surveillance Unit (NSU) that the accused men travelled from Dublin to Longwood on July 13 last year.

Rosario Boyle SC, for Braney, and Paul Carroll SC, for Maguire, submitted that there was not sufficient evidence for the court to be satisfied beyond reasonable doubt the men were members of the IRA.

Delivering judgement today, Mr Justice Tony Hunt, presiding, sitting with Judge Gerard Griffin and Judge Flann Brennan, said that the court was satisfied beyond reasonable doubt as to the “veracity” of the belief evidence given by Det Chief Supt Maguire and the court did not entertain a reason to doubt his belief.

Mr Justice Hunt said the man from the estate in Longwood, County Meath was a “crucial witness” in the trial and his evidence had provided context and meaning. “We are satisfied he gave a truthful and accurate account of events at his house and it is buttressed by the account he gave to Gardaí within a very short time,” said the judge.

Mr Justice Hunt later added that there was “no doubt” that this man was threatened by Braney and Maguire who had travelled to his home, issuing “unlawful threats” to him.

The judge said it was a “planned and joined enterprise” to intimidate the man and the court was satisfied that these words were spoken by either Braney or Maguire. “It was neither accidental nor coincidental, the sole purpose was to threaten and intimidate him,” he said.

The description by the man of his two visitors was consistent with the general appearance of the two men, added the judge. “We can find no basis to come to the conclusion that (the man) exaggerated or made up this event. We are satisfied the two men were Mr Braney and Mr Maguire,” he said.

Mr Justice Hunt said there was “no reasonable possibility” that Braney and Maguire were not members of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 2nd, 2017.

The convicted men were remanded in custody until July 24, when they will be sentenced.