Two get four years for CIRA membership
Two Dublin men who demanded money for the Continuity IRA from the owner of a Temple Bar lap dancing club were jailed for membership of an illegal organisation by the Special Criminal Court today.
Martin Kelly (aged 47), a former Corporal in the Irish Defence Forces, of Westpark, Artane was convicted on Wednesday of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on July 29, 2002.
A second man arrested as a result of the garda investigation, William Clare (aged 36), of Adare Park, Coolock changed his plea on the fourth day of the trial and pleaded guilty to membership of an illegal organisation on July 29, 2002.
Sentencing both Kelly and Clare to four years imprisonment each, Mr Justice Joseph Finnegan, presiding, said the offences were of a "gravity towards the top end of the scale" as the raising of funds were the "lifeblood of the organisation".
The judge suspended the last six months of both sentences in light of their family circumstances. In Kelly's case he took his 26 years loyal service with the Defence Forces into account and the fact that Kelly could no longer support his partner, daughter and grandchild.
Judge Finnegan said Clare was responsible for his partner, her two children and his five-month-old baby and took into account his promise of disassociation from the Continuity IRA.
He suspended the last six months of his sentence in recognition of his late guilty plea.
During the trial the court heard that Kelly and Clare demanded €50,000 from Dublin businessman David Mooney to protect his lap dancing club, "Bunnies", at Crown Alley in Temple Bar.
Mr Mooney, who is now in the Witness Protection Programme, said that the two men told him the money was for the Continuity IRA.
He said he handed over €15,000 to the two men before fleeing from Dublin and becoming a protected witness.
Kelly in evidence had denied membership of the Continuity IRA and said he had no political views whatsoever.
Kelly said he spent 26 years in the Defence Forces and had served six tours of duty in the Lebanon.
Convicting Kelly of the membership charge, Mr Justice Finnegan, presiding, said the court accepted the evidence of Detective Chief Superintendent Phil Kelly of the Special Detective Unit that he believed Kelly was a member of the IRA as charged.
He said the Chief Superintendent's evidence was supported by evidence of Kelly's associations and by his failure to answer material questions relating to his membership of an illegal organisation under Section 2 of the Offences Against the State (Amendment) Act of 1998.
The judge said the court also accepted the evidence of David Mooney that at a private meeting in Doran's bar in Temple Bar "a donation was required for an organisation, the Continuity IRA, the same to be applied for prisoners' wives and families of prisoners in Portlaoise. It further accepts his evidence that the second payment was made by him directly to Martin Kelly".
