Texts allowed in trial of chef accused of IRA membership
The Special Criminal Court today rejected an application by the defence to exclude text messages from the evidence against a Co Cork chef accused of IRA membership.
More than €90,000 was found in a Daz washing powder box which gardaí spotted in the accused’s rucksack when they stopped the car in which he was travelling with two Northern men.
Don Bullman (aged 32), of Fernwood Crescent, Leghanamore, Wilton, Co Cork has denied membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on February 16th, 2005.
Det. Gda Alan O’Connor told the court that a text message sent from Mr Bullman’s phone to the mobile of one of the Northern men with whom he was arrested read: “Don’t box that today. Al I haue is a back sn. I put it in that.”
Defence counsel, Mr Conor Devally SC, made an application to the court to exclude text messages found in the phones of all three men from evidence on the grounds that examining messages on mobile phones of arrested persons equalled interception of private telecommunication.
Mr Devally argued that because gardaí neglected to seek permission to examine the phones, their right to privacy had been infringed.
Mr Justice Paul Butler rejected this and agreed with the case put forward by prosecution.
He said the court was satisfied the texts were admissible into evidence because the contents of the phones were "analogous to documents found in a briefcase of an arrested person" and could therefore legally be examined by gardaí.
Det. Gda O’Connor told the court of another text message sent from Mr Bullman’s phone that read: “My head was wrecked over that. Tell them to learn how to count.”
Another text sent from Mr Bullman’s phone read: “Text me on the other phone.”
Under cross-examination by Mr Devally, Det. Gda O’Connor said it was impossible to confirm whether the message instructing the Northern man not to "box that" was written using predictive text.
He agreed that if it were made using predictive text, it was likely the author of the text intended to write "so" instead of "sn".
