Judge rejects application to acquit IRA suspects
The Special Criminal Court today turned down applications by defence lawyers to acquit two men accused of membership of an illegal organisation.
The court ruled that there was sufficient evidence before the court to allow the trial to continue. Mr Conor Devally SC for Brian Quinn and Mr Diarmaid Mc Guinness SC for Colm Maguire had submitted that there was not enough evidence at the end of the prosecution case for the trial to continue.
Brian Quinn (aged 34), of Parkhead Crescent, Newry in Co Down and Colm Maguire (aged 32), of O'Moore Road, Ballyfermot, Dublin each deny being a member of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on September 13, 2003.
The court has heard evidence from Detective Chief Superintendent Philip Kelly of his belief that two men were members of an illegal organisation.
Det Chief Supt Kelly, who heads up the Special Detective Unit, said that in Mr Quinn's case he formed his belief based on confidential information available to him and said it was not based on Mr Quinn's activities on September 13 2003 when the silver Mercedes he was travelling in was stopped and searched by gardaí on the Swords Road.
Two rifles with telescopic sights, five mobile phones and €2,400 in cash were recovered from the vehicle which was put under garda surveillance as it was driven from Co Louth to Dublin.
In the case of Colm Maguire Det Chief Supt Kelly said he had also formed his belief based on confidential information. He told Mr Diarmaid McGuinness SC, for Mr Maguire, that he was claiming privilege because the disclosure of the source of the information would endanger life and affect the security of the State.
The trial continues tomorrow.
