Louth pair accused of firearms possession and IRA membership

The trial of two Louth men on firearms and IRA membership charges has opened at the Special Criminal Court in Dublin today.

The trial of two Louth men on firearms and IRA membership charges has opened at the Special Criminal Court in Dublin today.

Des Ryan (aged 54) and Neil Smith (aged 34), both with addresses at Tubberfinn, Donore, Drogheda, have pleaded not guilty to membership of an unlawful organisation within the State, namely the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA on August 8, 2010.

Ryan also pleaded not guilty to the unlawful possession of a sawn-off, 12-gauge side-by-side shotgun and two 12 gauge Eley shotgun cartridges at Ecco Road, Dundalk on the same date.

Opening the prosecution case, Ms Una Ni Raifeartaigh SC, said the trial would be divided in to two phases, with the first phase concentrating on charges relating to the unlawful possession of a firearm and ammunition against Des Ryan and the second devoted to the charge of IRA membership against both men.

She told the court that the State would seek to rely on surveillance evidence from gardai who followed the movements of five men travelling in two cars - a black BMW car and a silver Ford Galaxy MPV - on the morning of August 8, 2010.

She said the court would hear that Des Ryan was initially travelling in the black BMW but was dropped off at a roundabout on the Castletown Road and collected shortly afterwards by the Ford Galaxy.

Ms Ni Raifeartaigh said there would be evidence before the court that the two cars travelled together and at one point paid “particular attention” to a Maxol garage situated on the Castletown Road on the approach to Dundalk.

She said the court would hear that shortly after 11am gardaí stopped the black BMW and found in the front passenger footwell a 12-gauge sawn-off shotgun loaded with two cartridges.

Ms Ni Raifeartaigh said that gardai also found a black balaclava, a mask, and alternative number plates in the boot of the BMW car, while officers noted the two men travelling in the vehicle were wearing gloves, despite the time of year.

She said gardai stopped the Ford Galaxy in which Mr Ryan was travelling a few moments later and uncovered shotgun cartridges and a jacket containing two balaclavas.

Ms Ni Raifeartaigh said the prosecution contended that evidence of the movement of Des Ryan from the black BMW to the Ford Galaxy proved beyond a reasonable doubt there was a connection between the two cars and that the men travelling in them were involved in a joint enterprise.

She said the State would seek to prove that Mr Ryan was “well aware” of the presence of the shotgun in the black BMW car, particularly as he was observed travelling in it on the morning of August 8.

The trial, which is expected to last four weeks, continues in front of presiding judge Mr Justice Paul Butler.

At the outset of the trial a third man, Barry O’Brien (aged 39), of Stonetown, Dundalk, Co Louth, pleaded guilty to membership of an unlawful organisation within the State, namely the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 8, 2010.

Mr Justice Butler remanded him in custody to appear before the court again on February 8, 2012.

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