Court archive
Court reports mentioning Dromahair, Leitrim
2019-01-25 · Leitrim
A Sligo man has been found guilty of membership of an unlawful organisation by the non-jury Special Criminal Court. Julian Flohr (37), of Rusheen Ard, Caltragh in Sligo, was found guilty of membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on August 14, 2016. The three-judge court had entered a not guilty plea on Flohr's behalf, as he had made no reply when the membership charge was put to him at the start of his trial last November. Evidence was given at trial that Flohr and his former co-accused Damien McFadden were travelling in a car from which gardai recovered an "inert" training mortar inside a "Spiderman" themed backpack. Both men were arrested under Section 30 of the Offences Against the State Act for possession of an explosive device and for being a member of an unlawful organisation. Delivering judgement today, presiding judge Mr Justice Tony Hunt said the prosecution had closed its case by saying that the court should accept the belief evidence given by Detective Superintendent Tom Maguire that Flohr was a member of an unlawful organisation. The judge said the court was satisfied beyond a reasonable doubt that the combined weight of the two strands of evidence was sufficient to establish Flohr's guilt beyond a reasonable doubt. Mr Justice Hunt, who sat with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded Flohr in custody to next Friday when he will be sentenced. Damhan McFadden (29), of Kilmacowen, Ballysadare in Sligo, pleaded guilty on November 28 to knowingly rendering assistance to an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann otherwise the IRA by transporting a training mortar in furtherance of an unlawful object within the State on August 14, 2016. The offence of providing assistance to an unlawful organisation is contrary to section 21A of the Offences Against the State Act, 1939, as amended by section 48 of the Criminal Justice (Terrorist Offences) Act, 2005. McFadden had originally pleaded not guilty at the three-judge court to membership of an unlawful organisation on August 14, 2016 and his trial had been underway since November 15. However, McFadden pleaded guilty to the new count on November 28 and a "nolle prosequi" was entered on the membership charge which the defendant had originally been charged with. This meant the State would not be proceeding with the prosecution in relation to that count. At today's brief sentence hearing, Detective Inspector Raymond Mulderrig summarised the facts of the case and told prosecuting counsel Fiona Murphy SC that McFadden had no previous convictions. Mr McFadden was remanded on continuing bail until next Friday, when he will be sentenced. Damien McFadden, co-accused, was remanded on continuing bail until next Friday, when he will be sentenced.
2018-11-20 · Leitrim
The Special Criminal Court trial of Damhan McFadden and Julian Flohr, both accused of membership of an unlawful organisation styling itself the IRA, continued with a ruling on the lawfulness of a stop and search. Mr Justice Tony Hunt, presiding with Judges Sinéad Ní Chúlacháin and Cormac Dunne, ruled that the roadside stop of the men's vehicle and their subsequent removal to Manorhamilton Garda Station were legal and valid. This decision followed defence applications arguing that contradictory accounts from Gardaí regarding the reason for the stop rendered the search inadmissible. Prosecution counsel countered that the evidence was consistent and credible. The court heard that Gardaí recovered a mortar round from a "Spiderman" themed backpack during the search. McFadden, 29, of Ballysadare, pleaded not guilty to the charge. Flohr, 37, of Caltragh, made no reply when the charge was put to him, resulting in the court entering a not guilty plea on his behalf. The trial, which concerns alleged offences committed on August 14, 2016, is ongoing and was scheduled to continue the following day.
2018-11-19 · Sligo
Two men from County Sligo have had their vehicle stop and search challenged as unlawful at the Special Criminal Court. Julian Flohr, aged 37, of Rusheen Ard, Caltragh, and Damhan McFadden, aged 29, of Kilmacowen, Ballysadare, face charges of membership of an unlawful organisation on 14 August 2016. A mortar round was recovered from their vehicle near Dromahair in County Leitrim. During a voir dire hearing, defence counsel argued that gardaí provided inconsistent accounts of why the car was stopped and that the lawfulness of the search remained unproven. They submitted that the prosecution had failed to establish credible grounds for the stop. The prosecution contended the gardaí's evidence was consistent and that reasonable suspicion of drugs offences only formed after the vehicle was stopped. The three-judge court, presided over by Mr Justice Tony Hunt, reserved judgment on the admissibility of the search. Damhan McFadden pleaded not guilty.
2018-11-15 · Sligo
Two men from County Sligo are on trial at the Special Criminal Court charged with membership of an unlawful organisation styling itself the Irish Republican Army. Julian Flohr, aged 37, of Caltragh, and Damhan McFadden, aged 29, of Ballysodare, were arrested on 14 August 2016 following the discovery of a mortar round in a children's backpack during a vehicle search in the Dromahair area of County Leitrim. The prosecution alleges that gardaí recovered the device, wrapped in black material, from behind the driver's seat of a black Saab car. McFadden pleaded not guilty to the charge; Flohr's silence was recorded as a not guilty plea. The prosecution case, opened by Fiona Murphy SC, will rely on garda evidence, interviews conducted under the Offences Against the State Act, and searches of the accused men's homes. Evidence heard today from Garda Eamonn McDonnell described the circumstances of the discovery and subsequent examination of the item. The trial, before Mr Justice Tony Hunt and two other judges, is expected to last three weeks.