Alleged Real IRA member refused bail
Alleged Real IRA member Liam Campbell has failed to in his bid to secure bail pending his re-trial on a charge of IRA membership and a second trial on a separate, unrelated membership charge.
Liam Campbell (aged 41) a farmer from Upper Faughart, Dundalk, Co Louth was jailed for five years by the Special Criminal Court in October 2001 after being convicted of membership of an unlawful organisation styling itself the IRA, otherwise Oglaigh na hEeireann on 3rd October 2000.
Last month the Court of Criminal Appeal quashed his conviction and ordered a re-trial, which has been set for May. In July, Mr Campbell is due to stand trial on another charge of membership of an unlawful organisation arising from an incident at the Neptune Beach Hotel, Bettystown in July 2001.
During a bail hearing in the Special Criminal Court today, Mr Michael O'Higgins SC for Liam Campell submitted that his client has spent a total of 33 months in prison - the equivalent of a four year sentence. Counsel also disputed the State's opposition to bail on grounds that Mr Campbell might commit future crimes, specifically firearms and explosive offences, for which he had never been charged.
Opposing bail, Detective Superintendent Diarmuid O'Sullivan, Special Detective Unit, told the court he believed Liam Campbell belonged to a faction of the IRA styling itself the Real IRA. He said if granted bail Mr Campbell "would continue to remain a member of the IRA and would actively involve himself in the activities of that organisation".
Detective O'Sullivan told Mr George Birmingham SC for the State that he believed Liam Campbell would endeavour to procure firearms and explosives and train personnel on behalf of the Real IRA.
He said while that organisation is said to be on cease-fire he believed that this was a "strategic measure," as it was "under pressure" because of its activities. "The Real IRA has carried out more than 100 operations in the last number of years," he added.
Detective O'Sullivan said if bail was granted "lives would be put in danger and property and other aspects of normal life would be put in jeopardy".
Asked about the possibility of granting bail subject to certain conditions he replied: "Under the circumstances My Lord and because of Mr Campbell's activities in the past there is no condition or commitment that Mr Campbell could give that would alleviate my concerns."
The court heard that the applicant was charged with IRA membership following a raid on his home in October 2000 by armed detectives who recovered two walkie talkies, a quantity of sterling, plastic barrels and tubing. He was subsequently convicted of membership of an unlawful organisation and jailed for five years.
Prior to his trial, Mr Justice Quirke in the High Court granted bail on certain conditions, among them that Mr Campbell did not associate with any person engaged in criminal activity or who had been convicted of a paramilitary offence.
However, in July 2001, he was arrested with five other men at the Neptune Beach Hotel in Bettystown at what gardaí claim was an IRA meeting. One of the five, Sean Mulligan was convicted in 1977 of the attempted murder of a garda and unlawful possession of firearms..
Under cross-examination, Mr O'Higgins SC put it to Detective Superintendent O'Sullivan that the State was offering no evidence to support its assertion that Mr Campbell would commit firearms or explosive offences if granted bail.
"There is no evidence of that other than your belief, isn't that right?"
"No, there is no witness coming forward to say Mr Campbell would procure firearms," the detective superintendent conceded.
Counsel argued that the State was opposing bail "on future conduct predicated on a course of conduct which has never been proven". His client had never been charged nor has there "even been a suspicion of it," he said.
However Mr Birmingham submitted that the fact that the applicant was charged with a second offence while on bail was "an aggravating matter". The concerns expressed by the gardaí "were shown to be well founded" and the applicant dishonoured the undertakings given to Justice Quirke.
Mr Justice Paul Butler, presiding, said the court was refusing bail "with some regret" but it was not satisfied that Liam Campbell would abide by any conditions set down. He said while the court was "impressed by the argument" about the length of time already served, it had to have regard to the second charge which has the potential to result in a "greater sentence".
A re-trial was set for May 18 ahead of the second trial which is scheduled for July.
