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Limerick man acquitted of R-IRA charge

02/04/2004 - 12:20:37
A Limerick man accused of Real IRA membership was today acquitted by the Special Criminal Court in Dublin.

It was alleged during the trial that the accused, Brian Murphy, of Ardshan, Bally, Adare, Co Limerick, was a member of the Real IRA.

The court heard today that there was no forensic evidence linking Mr Murphy, aged 35, to a firearm and wrapping found in the boot of his car, or some sand found in the boot and in his front passenger seat.

The defence had argued that Section Two of the 1998 Amendment Act had not been explained adequately to Murphy and the evidence therefore rested on that of Chief Superintendent Gerry Kelly of Limerick, who said it was his belief the accused was a member of an illegal organisation on the date in question.

Murphy had pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hÉireann on April 24, 2003.

Last week, Mr Murphy was acquitted of the unlawful possession of a rifle and ammunition.

Acquitting the accused, Mr Justice Paul Butler presiding said this must raise a reasonable doubt.

The judge, however, praised the gardaí for what he described as "a highly successful operation", which resulted in the seizure of a firearm with ammunition.

Mr Brendan Grehan, SC, prosecuting, asked the court to make a confiscation and destruction order for the firearm and ammunition.

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