Suspected IRA member loses challenge to legality of arrest
24/04/2012 - 16:53:49The Special Criminal Court has found that the trial of a Dublin man accused of membership of the IRA can continue despite a challenge to the legality of his arrest.
Sean Farrell (aged 26), of Kilfenora Road, Crumlin, has pleaded not guilty to membership of an unlawful organisation within the State namely Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on July 7, 2010.
The court heard that he was arrested during a Special Branch investigation into dissident republican activity.
Last week, counsel for the defence, Mr Padraig Dwyer SC, challenged the legality of Mr Farrell’s arrest in the Coombe area of the city and the subsequent search of a one bedroom flat at Bride Road in Dublin 8.
Mr Justice Paul Butler said the court was satisfied it must accept the evidence of Garda Jonah Roche that he arrested the accused on suspicion of his membership of an unlawful organisation.
He said the court found that Mr Farrell was neither the owner nor the occupier of the premises on Bride Road and that he was not charged in relation to any of the items found during the search.
However, Mr Justice Butler said there was no evidence currently before the court that the arrest of Mr Farrell was lawful as there was no evidence the arresting officer had communicated to the accused man the reason for his arrest.
He said the court noted the argument made by Mr Michael Bowman BL, for the State, that there would be further evidence in relation to the legality of Mr Farrell’s arrest.
It is anticipated the defence will make a further application with regard to the lawfulness of the accused man’s detention at Kevin Street and Terenure garda stations at the close of garda evidence in this regard.
Opening the prosecution case, Mr Michael Bowman BL told the court that Detective Superintendent Diarmuid O' Sullivan of the Special Detective Unit launched an intelligence led operation following the receipt of confidential information on the afternoon of July 7 last year.
The accused man was arrested and taken to Terenure Garda Station where he was interviewed on six occasions.
During the interviews Mr Farrell made no reply to any of the questions put to him concerning IRA membership apart from one reply and the court would be asked to draw inferences from his failure to answer material questions.
Mr Bowman said that during a search of the flat at Bride Road three firearms were found - a pump action sawn off shotgun, a semi automatic pistol and an Uzi semi automatic pistol. Gardaí also found 147 rounds of ammunition.
Counsel said that one of Mr Farrell’s fingerprints was found on a black plastic bag in which the pump action was wrapped.
Gardaí also analysed text messages between the accused's mobile phone and that of another man who was also arrested at the time. One text from the other man's phone read:"Sean, did you put everything in one bag."
He said that Gardaí also noticed two tattoos on Mr Farrell - one of a Celtic Cross and the words "Oglaigh na hEireann" and another of a red triangle showing a man holding a gun with the words "Sniper at work".
The court would also hear the belief evidence of Chief Superintendent Kevin Donohoe that he believed Mr Farrell was a member of the IRA on July 7.
Mr Justice Butler adjourned matters until Thursday, when the trial will continue.
Click to stay connected with
more stories like this:
more stories like this:
