Court reserves judgment in trial of man accused of IRA membership
The Special Criminal Court has reserved judgment in the case of a 68-year-old Dublin man accused of IRA membership.
Barry Fitzpatrick, who represented himself during his trial, has denied membership of an illegal organisation, styling itself on the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA, in January last year.
The court heard that Fitzpatrick, of Ashlawn Park, Ballybrack, was arrested on January 4, 2009, after gardaí had observed him for several hours driving his grey Honda Accord between the Silver Tassie pub and an apartment complex in Loughlinstown, in the company of two men.
He also drove in convoy with a green Honda Civic car, which was later stopped and searched by members of the Special Detective Unit, who discovered two ME .38 calibre sportwaffen revolvers and ammunition in the vehicle.
Gardaí intercepted and arrested Fitzpatrick as he tried to gain access to the “Ramparts” apartment block in Loughlinstown, just after 10pm that night.
As they were executing a search warrant, a man emerged carrying a hold-all which was found to contain five revolvers identical to the type discovered during the search of the green Honda Civic.
During the case, presiding judge Mr Justice Paul Butler, observed that a senior Garda witness, Chief Superintendent Peter Kirwan, had failed to affirm whether he believed Fitzpatrick was a member of an illegal organisation.
The Chief Superintendent had told the court he believed Fitzpatrick was an IRA member based on confidential information given to him, but not based on any information gleaned from his arrest and detention.
At the conclusion of evidence today, Mr Justice Butler asked Fitzpatrick if he wished to call any witnesses or give a sworn statement to the court.
“I don't really have anything else to contribute,” Fitzpatrick replied. There were no closing speeches in the case as the prosecution does not have the right to close a trial in circumstances where the accused is unrepresented.
Fitzpatrick was asked if he wished to say anything to the court, but he replied: “I'm happy as it is.”
The court reserved judgment in the case to a date later in the month and remanded Fitzpatrick on continuing bail.
