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Special Branch chief testifies at IRA trial

05/07/2006 - 16:10:15
The head of the Garda Special Branch told the Special Criminal Court today that he believed a Dublin man was a member of an illegal organisation.

Detective Chief Superintendent Philip Kelly, of the Special Detective Unit, popularly known as the Special Branch, said that he based his belief that Colm Maguire was a member of the IRA on confidential information.

Detective Chief Supt Kelly claimed privilege on the sources of his information and said it was necessary to protect lives and for the security of the State.

But the Chief Supt told prosecuting counsel Mr Tom O’ Connell SC that in general terms his belief was based on both garda and informant sources.

Maguire (aged 32), of O'Moore Road, Ballyfermot has pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 23, 2005.

Detective Chief Supt Kelly said that his responsibilities include the assessment of intelligence in relation to subversive crime and the investigation of subversive crime in the State.

Cross examined by defence counsel Mr Diarmaid Mc Guinness SC, the Chief Supt said that he looked at reports and files before making his assessment that Maguire was a member of an unlawful organisation.

He said his belief was based on both documented information and undocumented information and he added that some of this would have come from people who were not gardaí.

The Chief Supt said that he knew the identities of these people and he was satisfied that they did not have criminal convictions.

When it was put by defence counsel that his belief was wrong, the Chief Supt replied: "No, my belief is correct."

The trial is continuing.

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