Confidential information 'confirms two were IRA members', court hears
The head of the Garda Special Branch told the Special Criminal Court in Dublin today that he had confidential information from "garda and non garda sources" that two Dublin men were members of the IRA.
Detective Chief Superintendent Philip Kelly claimed privilege when cross examined by defence counsel for the two men on the sources of his information.
Detective Chief Superintendent Kelly, who is in charge of the Special Detective Unit (Special Branch), refused to disclose the sources of his information.
It was the fourth day of the trial of Niall Binead, also known as Niall Bennett, (aged 35), of Faughart Road, Crumlin and Kenneth Donohoe (aged 26), of Sundale Avenue, Mountain View, Tallaght who have pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA on October 10, 2002.
Cross examined by Binead's counsel, Mr Peter Finlay SC, the Detective Chief Superintendent said he was not prepared to disclose the source of his information because to do so would endanger the lives of people and hamper ongoing security issues.
Cross examined by Donohoe's counsel Mr Conor Devally SC, Detective Chief Superintendent Kelly said that he had information from garda and non garda sources as well as oral and documentary evidence which led to his belief that Donohoe was a member of an unlawful organisation.
Mr Finlay applied to the court to appoint "a special advocate" to examine Detective Chief Superintendent Kelly’s sources.
He said that if he was not allowed to know the source of the Chief Superintendent’s opinion then his client is not receiving a fair trial.
He said that there was a breach of the European Convention of Human Rights because he was not able to question the source of the Chief Superintendent’s opinion.
The court will hear from prosecuting counsel Mr George Birmingham SC in reply to Mr Finlay’s application when the trial resumes on Tuesday.
