Gardai had 'exceeded their powers' in arrests, says defence
Defence lawyers for seven men accused of membership of the Continuity IRA argued at the Special Criminal Court today that the gardai had no power to arrest the men on suspicion of membership of an illegal organisation without a warrant.
At the end of the prosecution case, counsel for the seven accused submitted that gardai had exceeded their powers under the revised Offences Against the State Act which was brought in after the 1998 Omagh bombing.
Counsel argued that Section 30(a) of the Offences Against the State (Amendment) Act said that where a person was arrested on suspicion of membership and released without charge, the person shall not be arrested again for the same offence without a warrant.
The court was told that all seven accused have been arrested on suspicion of membership on various occasions and released without charge before a garda raid on a house in Limerick in December 2001.
The seven accused were arrested when a large party of gardai raided a house in the Shanabooley Road area of Limerick in December 2001 where a suspected meeting of the Continuity IRA was taking place.
It was the thirty-sixth day of the trial of the seven men who have pleaded not guilty to a charge that on December 17, 2001, within the State, they were members of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hEireann.
They are Des Long (aged 62), Vice President of Republican Sinn Fein, of Shannon Banks, Limerick, Patrick Kenneally (aged 58), of Crusheen, Co Clare, Patrick O' Shea (aged 54) of Sir Harry's Mall, Limerick, Gerard ``Ger'' Brommell (aged 43), of Rostura Crescent, Woodview Park, Limerick, Robert Mc Namara (aged 59), of St Michael's Avenue, Tipperary, Joseph ''Tiny'' Lynch (aged 61), of Beechgrove Avenue, Ballinacurra Weston, Limerick and Christopher Dunne (aged 28), of Donnellan Buildings, Rosbrien, Limerick.
Prosecuting counsel Mr John Edwards SC will reply to the defence counsel submissions tomorrow.
