In a Special Criminal Court hearing on 26 March 2014, lawyers for Thomas McMahon (31) and Noel Noonan (34), both charged with membership of the Irish Republican Army, requested confirmation from the prosecution regarding whether telephone calls made by the defendants from Garda stations were recorded. The request arose after the defendants had consulted with their solicitors by phone on 7 February 2013, after which they were interviewed. Counsel for McMahon suggested the matter could have consequences for the case, while counsel for Noonan made a similar request. The State solicitor, Ms Tara Burns, stated that the Gardaí were unaware of any recordings and that the prosecution could not confirm the existence of such material that day. The judge adjourned the trial to Thursday, when the prosecution should have a clearer position, and also postponed a separate case scheduled for the following week.
Two Limerick men, Thomas McMahon, 31, and Noel Noonan, 34, were scheduled to stand trial at the Special Criminal Court for IRA membership. The prosecution had supplied a large quantity of disclosure and additional evidence to the defence in the days before the hearing. Counsel for Noonan requested a delay, and the presiding judge, Mr Justice Paul Butler, adjourned the trial to Wednesday. Both men are charged with membership of the Irish Republican Army, an unlawful organisation, as of 7 February 2013.
In a Dublin Special Criminal Court hearing, Vincent Banks, 46, pleaded not guilty to withholding information about the murder of prison officer David Black. The prosecution presented an Evening Herald newspaper dated 2 November 2012, found open to a story about Black's shooting, as evidence of "evidential significance." The paper was discovered in Banks' apartment during a search, alongside other newspapers. The prosecution argued that the newspaper's presence, open to the relevant article, suggested Banks' knowledge of the case. Banks' counsel, Michael P. O'Higgins, argued the newspaper was a thin thread, lacking proof of Banks' possession or fingerprints, and that other newspapers were also found. The court heard that Black, 52, was shot on the M1 near Lurgan on 1 November 2012, and that the murder was allegedly committed by occupants of a Toyota Camry registered 94 D 50997, purchased by Banks.
Vincent Banks, aged 44 and resident in Dublin 7, has pleaded not guilty to withholding information relating to the murder of Northern Ireland prison officer David Black. The Special Criminal Court heard evidence that on 8 October 2012, gardaí observed two men travel from Carrigallen in Leitrim to Dublin as part of an ongoing operation into subversive and dissident activity. Detective Sergeant Ciaran Quigley testified he monitored the journey, whilst Detective Sergeant Bronagh Bergin observed Banks meeting the two men at a public house in Phibsborough. Photographs were taken of Banks in their company. David Black, aged 52 and employed at Maghaberry Prison in County Antrim, was fatally shot on the M1 motorway near Lurgan on 1 November 2012. The prosecution case centres on the alleged purchase of a Toyota Camry, subsequently recovered burnt-out near the scene, with ballistic evidence linking it to the shooting. Banks faces the charge of failing to disclose information he knew might assist in prosecuting the murder between October and December 2012. The trial continues before Mr Justice Paul Butler.
The Special Criminal Court trial of Vincent Banks, 44, of Dublin 7, continues before Mr Justice Paul Butler. Banks has pleaded not guilty to a charge of withholding information in relation to the murder of David Black. Prosecution counsel Paul Greene SC outlined the case that Black, a Maghaberry prison officer, was shot on November 1, 2012, by occupants of a Toyota Camry with Republic of Ireland registration 94 D 50997, which the prosecution alleges was purchased by Banks. Jonathan Greer, a witness from the Forensic Science Laboratory of Northern Ireland, testified that bullet casings recovered near the scene and from the burnt-out Toyota were fired from the same weapon. Greer confirmed that two casings from the road and three from the car were 7.62 x 39 mm calibre ammunition, consistent with an AKM assault rifle. Microscopic comparisons revealed gross matching marks indicating a single gun fired all the casings. A bullet recovered from Black's Audi was also consistent with this ammunition. The charge alleges that between October 10 and December 20, 2012, Banks failed to disclose information he knew might assist in securing the apprehension or conviction of another person for the murder. The trial is ongoing.
In the Dublin Special Criminal Court, Vincent Banks, 44, pleaded not guilty to withholding information about the murder of Northern Ireland prison officer David Black. The prosecution read witness statements under Section 21 of the Criminal Justice Act. Ryan McGrath, a front‑passenger on the M1 near Lurgan on 1 November 2012, described hearing a bang, seeing smoke and glass break, and observing a silver Nissan with windows down and a black Audi that veered off the motorway into a ditch. Paula McGraid, his partner, reported hearing a bang after being overtaken, seeing a long thin object protruding from a passenger window, which she identified as a rifle barrel, and witnessing the Nissan swerving onto the hard shoulder and crashing. The prosecution alleged that David Black, 52, was shot by occupants of a Republic of Ireland‑registered Toyota Camry (94 D 50997) as he drove to work.
Sean Connolly, aged 34, was charged in December 2012 with the murder of veteran criminal Eamon Kelly at Furry Park Road, Killester, and also faced charges of IRA membership and firearm possession. The Special Criminal Court set his trial for 28 April 2015, expecting a duration of three to four weeks. Connolly's counsel, Paul Burns SC, requested a trial date, while Judge Paul Butler instructed Connolly to notify the prosecution within 14 days if he intended to rely on an alibi and to give 21‑day notice before calling witnesses. Connolly may soon apply for short bail on compassionate grounds.
PSNI officers have given evidence at the Special Criminal Court in Dublin in the trial of a man charged with withholding information relating to the November 2012 murder of Northern Ireland prison officer David Black. Vincent Banks (44), of Dublin 7, has pleaded not guilty to the charge. Constables Gary Quinn and Jane Johnston testified about attending the scene on the M1 motorway near Lurgan on November 1, 2012, where a vehicle had come off the road. Witness accounts provided to officers described a shooting and a car believed to have a Sligo registration plate. Constable Catherine Mallon gave evidence of locating a burnt-out vehicle. The prosecution case centres on a Toyota Camry, registered in the Republic, used in Mr Black's killing. The State alleges Mr Banks purchased the vehicle. He also faces a separate charge of IRA membership. The trial before Justice Paul Butler continues.
A 71-year-old Dublin man has lost his appeal against a conviction for IRA membership imposed by the Special Criminal Court in February 2011. Barry Fitzpatrick, formerly of Donegal connections, received a three-year sentence which he has since completed, being released in June 2013. He was convicted of membership of an organisation styling itself on the Irish Republican Army on the basis of events occurring on 4 January 2009. Mr Justice John Murray, presiding at the Court of Criminal Appeal, ruled that the grounds of appeal were not well founded and dismissed the case. The trial had heard evidence that Fitzpatrick was arrested in Dublin 18 as he attempted to enter an apartment complex. Detectives had observed him driving between locations in company with others, and a separate vehicle was found to contain firearms and ammunition. A subsequent search of the apartment yielded additional revolvers.
In a Special Criminal Court hearing, Ursula Shannon, a 30‑year‑old Trinity College PhD student, and her co‑accused John McGreal (37) and Colin Brady (24) were found guilty of unlawful possession of two handguns and 32 rounds of ammunition, as well as a 9mm Taurus PT92 pistol, a Walther P5 pistol, a magazine for the Taurus, a ZGJY stun‑gun/flashlight, and 25 rounds of 9mm ammunition. The court noted that the firearms were recovered from a stolen van intercepted by armed gardai outside a firearms dealer in Co Offaly, and that the ammunition was wrapped in a baby's nappy. The defendants had not contested the evidence. The judge sentenced each to six years' imprisonment, with Brady's sentence back‑dated to 29 November 2012. Ursula Shannon pleaded not guilty. John McGreal pleaded not guilty. Colin Brady pleaded not guilty.
Vincent Banks, 44, pleaded not guilty at the Special Criminal Court in Dublin on a charge of withholding information that could assist in the apprehension, prosecution or conviction of a person for the murder of Northern Ireland prison officer David Black. The charge alleges that between 10 October and 20 December 2012, Banks failed to disclose such information to Gardai without reasonable excuse. He is also charged with membership of an unlawful organisation, the Irish Republican Army, on 18 December 2012. Counsel for the State, Mr Paul Greene SC, requested the court to sever the indictment and proceed first with the withholding information charge, while remanding the membership count for immediate consideration after the judgment on the first charge. The trial was scheduled to begin today but was adjourned to Thursday, with the court allowing a short delay. The case involves the murder of David Black, a 52‑year‑old prison officer killed on 1 November 2013.
A 45‑year‑old man named Stephen Hendrick, from Balbutcher Drive, Ballymun, Dublin 11, was arrested in July 2014 at a yard in Cloghran by the Special Detective Unit and the Crime and Security Section during investigations into dissident republican activity. He was charged at an out‑of‑hours sitting of the Special Criminal Court on 3 July with membership of an unlawful organisation, the Irish Republican Army (IRA), and with possession of ammunition in suspicious circumstances at Furry Park, Turnapin Great, Old Airport Road, Cloghran. His solicitor, Michael Finucane, requested a trial date. Counsel for the State, Mr Garnet Orange BL, estimated the trial would last five days. Judge Paul Butler set the trial for 14 April 2015, instructing Hendrick, who is on bail, to notify the prosecution within 14 days if he intends to rely on an alibi and to give notice 21 days before the trial if he wishes to call witnesses.
In February 2014, Nathan Kinsella, aged 33, was arrested at the Abs‑Solute Fitness gym in Cabra after failing to appear for his IRA membership trial. The Special Criminal Court had issued a bench warrant for his arrest following his absence at the January 28 mention and the February 4 trial date. Detective Sergeant Padraig Boyce reported Kinsella's arrest to the court, and Ms Tara Burns SC applied for his remand. The three‑judge panel, led by Mr Justice Paul Butler, remanded Kinsella in custody, with his next mention scheduled for March 6. Kinsella had previously suffered a severe injury that limited his mobility. Earlier, Detective Inspector Paul Scott noted that Kinsella had not been seen by his bailsperson since before Christmas, despite a bail condition requiring him to keep his mobile phone on and observe a curfew from 9 pm to 9 am.
The Special Criminal Court in Dublin heard that the PSNI will not disclose material relating to the murder of prison officer David Black because it could jeopardise the ongoing investigation. The court was told that defence lawyers for Vincent Banks, 44, are seeking disclosure of PSNI material for a trial of a Dublin man charged with withholding information about the murder. Banks is charged with membership of an unlawful organisation styled the Irish Republican Army and with withholding information in relation to the murder of David Black. His counsel argued that the case against him was an allegation that he bought the Toyota car used in the killing and that nine of the first ten witnesses in the book of evidence are PSNI officers. The defence sought disclosure from the gardai of the PSNI material, claiming a real and serious risk of an unfair trial if the case went ahead without it.
Patrick McDonagh, 50, of Dundalk, was sentenced by the Special Criminal Court to five years' imprisonment for unlawful possession of a .32‑calibre Baikal semi‑automatic pistol. He pleaded guilty to the offence on 10 June 2013, when the weapon was found in the boot of a black Volkswagen in Castlebellingham. McDonagh was also charged with membership of an unlawful organisation, the IRA, but the DPP entered a nolle prosequi and the charge was not pursued. The judge noted McDonagh's good character, his early guilty plea and his previous conviction for possession of explosives, which had been increased to ten years on appeal and resulted in his release in 2005. The sentence was back‑dated to 1 February 2014 for time already spent in custody. The court considered mitigating factors such as his strong work ethic and family responsibilities, and the judge imposed a sentence of five years, the statutory minimum for the offence.
Wayne Dundon has failed in an application to adjourn his forthcoming Special Criminal Court trial on a charge of murdering Limerick businessman Roy Collins five years ago. Dundon (35), of Lenihan Avenue, Prospect, and Nathan Killeen (23), of Hyde Road, Prospect, are charged with the murder of Mr Collins (35) at Coin Castle Amusements, Roxboro Road Shopping Centre, Limerick on April 9th, 2009. They are due to stand trial on April 29 next and the trial is expected to last four to five weeks. Presiding judge Mr Justice Paul Butler rejected the application, stating that the potential duration of the trial should not prevent it from proceeding. He noted that the Special Criminal Court does not have a jury and that the trial could be interrupted for two weeks if necessary. Chief Superintendent David Sheehan testified about the threat to proposed prosecution witnesses and the increasing difficulty in ensuring their safety as time passes. He stated that adjourning the case would place a significant strain on garda support and witness cooperation. Justice Butler acknowledged the credible evidence provided by Chief Supt Sheehan and the real concern regarding witness safety. He emphasized the court's duty to ensure a fair trial while addressing potential risks. Counsel for Dundon, Mr Remy Farrell SC, argued that the trial may not conclude within the allocated timeframe and raised concerns about evidence disclosure. Similar concerns were raised by Mr Micheal O'Higgins SC for Killeen. The matter was not adjourned and remains at the trial stage.
Ursula Shannon (30), a Trinity College graduate and prominent member of socialist republican group Eirigi, and her co-accused John McGreal (37) were found guilty of the possession of two handguns and 32 rounds of ammunition at Tullybeg, Rahan, Co Offaly on November 27th, 2012. They had not challenged any of the evidence in the case and had pleaded not guilty to the unlawful possession of one 9mm parabellum calibre Taurus PT92 semi-automatic pistol, one magazine suitable for use with the Taurus PT92 pistol, one 9mm parabellum calibre Walther P5 semi-automatic pistol and one ZGJY branded combined stun gun and flashlight. They had also pleaded not guilty to the possession of 25 rounds of 9mm ammunition and 7 rounds of 9mm ammunition. The court heard that the accused were wearing wigs and disguises when they were intercepted by armed gardai outside a residential premises which also doubled as a business for a licensed firearms seller. CCTV footage of the interception of the stolen van they were travelling in was played to the court. The prosecution invited the court to infer that the people in the van were there to rob the shop and steal the firearms on the premises. The court heard evidence that interviews were conducted with the accused where Sections 18, 19 and 19A of the Criminal Justice Act 1984 as amended by the Criminal Justice Act 2007 were invoked. The sections allow a judge or jury to draw inferences from an accused's failure or refusal to account for an object, substance or mark, or any mark on such object, or failure to account for their presence at a particular place. The judge or jury may treat this as corroborative of other evidence against the accused. There was evidence that John McGreal remained silent when questions were put to him where the sections were invoked in interview, while Shannon and Brady answered 'no comment' when questions were put to them. Presiding judge Mr Justice Paul Butler said the court was satisfied beyond doubt that each of the accused was in possession of the items referred to in the indictment. He said the court was also satisfied that the failure of the accused to respond to questions in interview where the sections were invoked entitled the court to draw inferences in each case corroborating the evidence of possession. By reason of this, Mr Justice Butler said the court found the three accused guilty of the offences with which they were charged. Co-accused Colin Brady (24), who was granted bail but did avail of it, was remanded in custody. Ursula Shannon and John McGreal were remanded on continuing bail following the judgement of the Special Criminal Court today and will be sentenced at a later date.
In a Special Criminal Court hearing on 11 February 2014, Corey Mulhall, aged 43, was acquitted of membership in the Irish Republican Army. Mulhall had admitted taking photographs of Garda officers at the Harcourt Square complex in September 2012, using the false name "Jason Egan" to book a hotel room. He claimed money was offered by a named man to photograph a tall guard, and that he lied to Garda investigators about meeting a "bird" whose name he did not know. Garda Chief Superintendent Kevin Donohoe testified that, based on confidential information, Mulhall was a member of the IRA on 26 September 2012. The judge, Justice Paul Butler, found that Donohoe's belief alone was insufficient without independent corroboration. Mulhall's false answers and failure to answer material questions were noted, but the court concluded there was reasonable doubt about his membership, and he was acquitted. Mulhall had pleaded not guilty to the charge of membership of an unlawful organisation.
Lawyers for Wayne Dundon, aged 35, have requested the Special Criminal Court to adjourn his upcoming trial for the murder of local businessman Roy Collins, also aged 35, which occurred on 9 April 2009 at Coin Castle Amusements, Roxboro Road Shopping Centre, Limerick. Dundon and Nathan Killeen, aged 23, are charged with Collins' murder and are scheduled to stand trial on 29 April. Counsel Remy Farrell SC applied for the adjournment, arguing that the trial could not realistically conclude within the four‑to‑five‑week period set aside and citing issues with the disclosure of evidence. He also indicated that the defence intends to seek judicial review in the High Court regarding this and other evidence. Counsel for Killeen, Keith Spencer BL, wished to make a similar application.
Hubert Duffy, 46, of George's Place, Temple Street, Dublin 1, and Robert Day, 43, of St Attracta Road, Cabra, Dublin 7, were arrested by the Special Detective Unit and Garda Crime and Security Branch as part of an investigation into dissident republican groups. Both men were charged on 2 February 2014 with membership of an unlawful organisation within the State, namely the Irish Republican Army (IRA). Duffy had previously been charged with the same offence on 29 March 2013, was granted bail in April 2013, and was due to stand trial in January 2015. The arrests were made at 1:42 pm on Chancery Street and 1:44 pm on the North Circular Road, with both men wearing grey hoodies. They were remanded in custody, with liberty to apply for bail to appear before the Special Criminal Court on 12 February 2014. The court was presided over by Justice Paul Butler, with Judges John O'Hagan and Flannan Brennan.
In a Special Criminal Court hearing on 30 January 2014, Ursula Shannon (30), a Trinity College graduate and member of the socialist republican group Eirigi, together with John McGreal (37) and Colin Brady (24), were charged with the unlawful possession of two handguns and 32 rounds of ammunition. Each pleaded not guilty to possession of a 9mm Taurus PT92 pistol, a suitable magazine, a 9mm Walther P5 pistol, a ZGJY stun gun‑flashlight, 25 rounds of 9mm ammunition and 7 rounds of 9mm ammunition. John Troy (33) pleaded guilty to possession of the same firearms and stun gun. The court heard that the four were intercepted in a white Opel van at Tullybeg, Rahan, Co Offaly on 27 November 2012, where they were found wearing wigs, disguises and multiple layers of clothing. The prosecution alleged the van was used for a planned robbery of a licensed firearm shop. The case remains ongoing.
In a 2014 trial, Corey Mulhall, aged 43, faced charges of IRA membership after admitting to photographing the Harcourt Square Garda complex. Arrested in September 2012, Mulhall claimed he used the false name "Jason Egan" to book a hotel room and took photos at the request of an unnamed individual who offered him money. He also alleged that a man he believed to be a Garda informer had paid him €200 to secure the room and that the Garda had set him up. Mulhall's defence argued that the evidence pointed away from IRA membership, citing a 10‑page document that offered an alternative explanation for his presence. The prosecution highlighted Mulhall's formal admissions and the lack of disclosure of the document to the defence. The judge scheduled judgment for February 11, 2014. Corey Mulhall pleaded not guilty.
In a Special Criminal Court hearing on 24 January 2014, Garda Chief Superintendent Kevin Donohoe testified that he believes Corey Mulhall, aged 43, is a member of the Irish Republican Army (IRA). Donohoe's belief is based on confidential information he possessed before the investigation began. He stated that this information was privileged and could not be cross‑examined due to national security and investigative concerns. Donohoe agreed with the defence counsel that the basis of his belief could not be disclosed. Mulhall has denied IRA membership and, during the trial, admitted to taking photographs of the Harcourt Square Garda complex on 26 September 2012 under the alias "Jason Egan." The trial is ongoing. Corey Mulhall pleaded not guilty. Chief Superintendent pleaded not guilty.
Patrick McDonagh, 49, pleaded guilty at the Special Criminal Court in Dublin to unlawful possession of a .32 calibre semi‑automatic pistol (IZH 79‑8 model Baikal, serial TPB358706). He was arrested in June 2013 during an operation targeting dissident republican activity in the border area. McDonagh also faces a charge of membership in an unlawful organisation, the Irish Republican Army (IRA). The prosecution will not pursue the IRA charge, and the court will adjourn the sentencing for the handgun offence to 18 February.
In a Special Criminal Court hearing on 23 January 2014, Detective Inspector Anthony Lenihan of the Special Detective Unit denied having received a document that offered an alternative explanation for the arrest of Corey Mulhall, a 43‑year‑old man from Dublin. Mulhall had been arrested in September 2012 after detectives observed suspicious activity at the Harcourt Hotel near the garda complex on Harcourt Square. Mulhall pleaded not guilty to membership of an unlawful organisation styled the Irish Republican Army. The court, following a defence application, allowed the trial to proceed despite the non‑disclosure of the document. The document, a 10‑page account by Mulhall, alleged that he had paid €200 to a man he believed to be a dissident republican to book a room at the Harcourt Hotel and take photographs of the garda complex. Mulhall claimed the man was a garda informer who set him up on a fake charge.
Corey Mulhall, 43, was arrested in September 2012 after detectives observed suspicious activity at the Harcourt Hotel near the Garda complex. He booked a room under the false name "Jason Egan" and admitted taking photographs of the Dublin headquarters of several specialist Garda units. Mulhall denied being a member of the IRA and repeatedly denied any IRA membership during Garda interviews. He claimed he was at the hotel to "meet a bird" and that the woman he mentioned never appeared. Mulhall admitted he had a Sony Cybershot camera and that a man had offered him money to take photos of a specified Garda on behalf of an unnamed client. The trial continues, with Mulhall pleading not guilty to membership of an unlawful organisation under the Offences Against the State (Amendment) Act 1998. The court heard evidence of his denial of IRA membership and his admission of photographing the Garda complex. The case remains ongoing.
The Special Criminal Court has fixed a trial date of June 9, 2015, for seven men accused of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The accused are Peter Burns (39) of Glenshane Crescent, Tallaght; Kevin Braney (39) of Glenshane Crescent, Tallaght; Michael Barr (33) of Carlton Court, Poppintree, Ballymun; Brian Nick McBennett (54) of Ard Collum Avenue, Artane; John Brock (41) of Glenview Park, Tallaght; Declan Phelan (31) of Lanndale Lawns, Tallaght; and Desmond Christie (49) of Liam Mellows Road, Finglas. All were charged on July 3 last year. Mr Justice Paul Butler presided and noted it was "most unfortunate" that defendants face such long pre-trial custody, acknowledging the presumption of innocence. Defence counsel Mr Jim Mc Cullough BL argued that Des Christie, in custody since July 5, 2013, would spend 23 months in custody before trial, citing a prima facie breach of the European Convention on Human Rights. The judge stated the court's dates were full. The matter was adjourned to the fixed trial date.
The Special Criminal Court adjourned the trial of Corey Mulhall, 41, who admitted taking photographs of the Special Detective Unit's Harcourt Square headquarters in September 2012 after booking a room at the Harcourt Hotel under a false name. Mulhall said a man offered him money to photograph a specified Garda for an unnamed client who was in dispute with the police. He claimed the man was a Garda informer who would set him up on a fake charge. The court heard evidence from Gardaí involved in the hotel search and from a Garda Chief Superintendent who said Mulhall was a member of the IRA on 26 September 2012. The trial will resume tomorrow, with the defence having requested that the court proceed despite a document offering an alternative explanation for Mulhall's arrest not being disclosed to the defence. The trial continues. Corey Mulhall pleaded not guilty.
In a hearing before the Special Criminal Court, a 10‑page document sent to the Director of Public Prosecutions was presented as an alternative explanation for the events that led to the arrest of Corey Mulhall, a 41‑year‑old from Daletree Court, Ballycullen. Mulhall was arrested in September 2012 after detectives observed suspicious activity at a hotel near Harcourt Square, the location of the Special Detective Unit that monitors dissident republicans. He has pleaded not guilty to membership of an unlawful organisation, the Irish Republican Army (IRA). The State counsel, Vincent Heneghan, informed the court that the anonymous document had been identified and that the Gardaí had learned the author's identity. Defence counsel, Deirdre Murphy, requested additional time to decide how to proceed. Judge Paul Butler postponed the trial, which was scheduled to last eight days, to Thursday, allowing further consideration of the new evidence.
An anonymous document sent to the Director of Public Prosecutions has postponed the Special Criminal Court trial of Corey Mulhall, a 41‑year‑old Dublin man charged with membership of an unlawful organisation, the Irish Republican Army. Mulhall was arrested in September 2012 after detectives observed suspicious activity at a hotel near Harcourt Square Garda Station, home to the Special Detective Unit. The trial, scheduled to begin on 14 January 2014, was delayed by the court after counsel for the State, Vincent Heneghan, noted that the document, which may contain matters of importance to the defendant, required investigation. The prosecution learned of the document only today, though the defence had sent a letter to the DPP on 21 October last year. The judge, Justice Paul Butler, ordered the trial to be postponed until the following day, with an expected duration of eight days. Corey Mulhall pleaded not guilty.
Michael Kiely, 43, of Abbeyvale, Corbally, Limerick, was acquitted by the Special Criminal Court of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 6, 2013. The defendant had pleaded not guilty to the charge. Mr Justice Paul Butler stated that while the court was fully satisfied Kiely read an inflammatory statement containing threats to kill Irish members of the British Army, it had doubt regarding his membership status on the specific date. The statement, read at a graveside commemoration, declared that anyone donning a British Army uniform became a legitimate target. The prosecution relied on the belief evidence of Chief Superintendent Dave Sheehan and inferences drawn from Kiely's failure to answer certain interview questions under Section 2(1) of the Offences Against the State (Amendment) Act 1998. However, the judge noted that the belief evidence was based on privileged confidential information that the accused could not challenge, and thus required independent corroboration. The court found that Kiely's silence in interview did not amount to such corroboration, as he had denied membership and answered similar questions in other interviews. Although the judge found much of Kiely's account regarding his knowledge of the statement to be untrue, the lack of sufficient independent evidence to prove membership resulted in the acquittal.
Kevin Braney, 39, of Tallaght, was granted temporary bail by the Special Criminal Court for the Christmas period, effectively placing him under house arrest. He is charged with membership of an unlawful organisation, namely the IRA, a charge he shares with seven co-accused: Des Christie, Eamon McNamee, Hubert Duffy, William Jackson, Declan Phelan, John Brock, and Darren Murphy. All eight men are alleged to have been involved in membership of the IRA. Mr. Braney had previously been granted bail on April 11, 2013, but gardai objected to his current application, alleging he breached prior conditions by associating with co-accused. Detective Inspector Michael Gibbons stated that gardai believed Mr. Braney would continue to commit offences. Mr. Justice Paul Butler accepted the objection but noted Mr. Braney was not deemed a flight risk. The court offered a compromise, changing his place of detention from Portlaoise Prison to his home address. Bail was granted from 9:00 am on December 23 to 4:00 pm on December 28, subject to a 24-hour curfew, an independent surety of €7,000, and a prohibition on associating with co-accused or anyone charged with a scheduled offence. The curfew was lifted between 9:30 am and 12:30 pm on Christmas Day to allow Mr. Braney to visit his mother's grave. The court acknowledged that granting bail imposed additional monitoring work on gardai.
In a Special Criminal Court hearing in Dublin, James Brennan (45) and Joseph Kirwan (39) pleaded guilty to possession of explosive substances linked to a Continuity IRA pipe bomb factory. Brennan admitted manufacturing pipe bomb casings at his Newbridge home, while Kirwan was found welding components in a shed. Gardaí discovered six completed casings, a welder, grinder, welding masks, steel lengths, and other materials. Brennan, with 20 years in security, claimed he had distanced himself from republican activity and was placed in a non‑aligned cell at Portlaoise Prison. Kirwan, holding a mechanical engineering degree, expressed regret and pledged not to engage in future criminal acts. The court sentenced Brennan to seven years' imprisonment, suspending four years, and Kirwan to six years, suspending four years, with both sentences back‑dated to the arrest on 28 February 2013. The sentences reflect the court's view that the suspensions were appropriate given the defendants' undertakings.
In December 2012, Sean Connolly, aged 34, was charged before the Special Criminal Court with murdering veteran criminal Eamon Kelly on Furry Park Road, Killester, and also faced charges of IRA membership and firearm possession. Connolly declined to meet his counsel, Ms Siobhan Ni Chulachain, and requested a different solicitor. The court, presided over by Justice Paul Butler, postponed the case until the New Year, stating it would be listed again on January 21 for a video‑link hearing.
A man charged with membership of an unlawful organisation has denied the allegation at the Special Criminal Court in Dublin. Michael Kiely, aged 43, of Abbeyvale, Corbally in Limerick, has pleaded not guilty to membership of the IRA following an incident in January 2013. Evidence was heard that Kiely read a Continuity IRA statement at a graveside commemoration in Limerick containing threats against members of the British Army. His wife testified that during a garda interview, she was told gardai acknowledged her husband was not a member of the IRA. The defence counsel contended Kiely had been manipulated by others into reading the statement without prior knowledge of its contents. Kiely maintained he has never been an IRA member and was a member of Republican Sinn Féin with interest in history and politics. The prosecution presented expert evidence and the recording of the statement being read. The three-judge court, presided over by Mr Justice Paul Butler, adjourned judgment to 20 December.
The Special Criminal Court granted limited Christmas bail to Declan Phelan and John Brock, who are accused of membership of an unlawful organisation, specifically the IRA, on July 3, 2013. Both men were arrested while already on bail for a previous IRA membership charge, which Detective Inspector Michael Gibbons stated they breached by associating with persons charged with scheduled offences. Despite garda objections, Justice Paul Butler granted Phelan bail from December 23 to January 2, 2014, requiring a €20,000 independent surety and conditions prohibiting association with those charged or convicted of scheduled offences. Brock was granted bail from December 23 to 28 on a full curfew, supported by a €7,000 surety. The court noted neither man would stand trial before 2015. The trial for Phelan, Brock, and co-accused Peter Burns and Michael Barr, all charged with the same offence on July 3, 2013, was set for June 9, 2015. Co-accused Kevin Braney, Brian Nick McBennett, and Desmond Christie, also charged with IRA membership, were remanded to appear before the court on January 21.
A Garda Chief Superintendent has given evidence to the Special Criminal Court that he held the belief Michael Kiely was a member of an unlawful organisation styling itself the Irish Republican Army. Mr Kiely, aged 43, of Abbeyvale, Corbally, Limerick, has pleaded not guilty to membership of such an organisation on 6 January 2013. Chief Superintendent Dave Sheehan told the court his belief was not formed on the basis of facts arising from the incident itself or Mr Kiely's arrest. The charge relates to Mr Kiely reading a Continuity IRA statement at a graveside oration in Mount Saint Lawrence Cemetery in Limerick. The statement threatened that members of the British Army would become legitimate targets. The gathering commemorated Sean Sabhat, killed during a raid on an RUC barracks in Brookeborough, County Fermanagh, in 1957. Defence counsel indicated Mr Kiely and his partner would give evidence. The trial continues before Justice Paul Butler and two other judges.
Michael Kiely, 43, of Limerick, is currently on trial at the Special Criminal Court, having pleaded not guilty to membership of an unlawful organisation styling itself the IRA. The prosecution alleges that on January 6, 2013, Kiely read a Continuity IRA statement at a graveside oration in Limerick, identifying Irish enlistees in the British Army as "legitimate targets." The statement, signed by "Continuity IRA prisoners, Portlaoise gaol," was recorded by a radio reporter after the event's PA system failed. Prosecution counsel Shane Costelloe BL presented the recording to the court, which also heard evidence from Chief Superintendent Dave Sheehan regarding Kiely's alleged membership. During a search of Kiely's home, gardai found undelivered Christmas cards addressed to prisoners in Portlaoise jail, including one addressed to Rose Lynch, who was jailed for life last April for murder and IRA membership. The trial, presided over by Justice Paul Butler with Judges Margaret Heneghan and Flannan Brennan, is expected to last five days. The court will also consider evidence that gardai invoked Section 2 of the Offences Against the State (Amendment) Act 1998 during interviews, allowing inferences to be drawn from Kiely's refusal to answer certain questions.
In a Special Criminal Court hearing, Sean Connolly, aged 34, was charged with the murder of veteran criminal Eamon Kelly, who was killed on 4 December 2012 at Furry Park Road, Killester. Connolly also faced charges of IRA membership and possession of a firearm. His counsel, Ms Siobhan Ni Chulachain, informed the court that solicitor Michael Finucane could not take instructions due to Connolly's illness. Consequently, the judge, Mr Justice Paul Butler, postponed the case for two weeks, with a new hearing scheduled for 13 December, and the prosecution requested a video link for the hearing.
In a Special Criminal Court hearing, Joseph Kirwan, aged 39, pleaded guilty to possessing pipe‑bomb materials and other explosives. He admitted owning six complete casings for a plate‑type pipe‑bomb, a Parva welder, a grinder with blades, welding masks, steel lengths and other related items. The items were found at the home of co‑accused James Brennan, 44, on 28 February 2013. Kirwan's case was scheduled for sentencing on 17 December, the same date as Brennan's related matter.
In a Special Criminal Court hearing, Joseph Kirwan, aged 39 from Closelands, Ballybrittas, pleaded guilty to possessing pipe‑bomb materials and other explosives. He admitted to holding six complete casings for a plate‑type pipe‑bomb, a Parva welder, a grinder with blades, welding masks, steel lengths and related items at the home of co‑accused James Brennan on 28 February 2013. Brennan, 44, had earlier pleaded guilty to the same offence. The court set a sentencing date of 17 December, with the presiding judge noting the case would be listed then.
David Rockett, 31, of Grawn Lower, Kilmacthomas, Co Waterford, pleaded guilty to possessing three mortar launch tubes manufactured for a dissident republican engineering network. The tubes were seized during a 2011 investigation; Rockett admitted he knew their purpose but claimed he was motivated by financial need. He told Gardaí the tubes were gateposts. The Special Criminal Court sentenced him to five years' imprisonment, with the last three‑and‑a‑half years suspended. Rockett was one of three men arrested in September 2011; the trial began in March 2014 but was adjourned after a "trial within a trial" on his detention. The State did not pursue charges against his co‑accused. The court noted Rockett's guilty plea, his otherwise good character, and his role as primary carer for his ill mother. The sentence reflects the seriousness of the offence and the court's view that Rockett had not appreciated its gravity.
Eimantas Valteris, Patrick McDonagh, and Park Vale were charged before the Special Criminal Court with the unlawful possession of a .32 inch auto (7.65mm) calibre IZH 79-8 model Baikal semi-automatic pistol, serial number TPB358706. Valteris is alleged to have possessed the firearm at Balmoral Industrial Estate, Navan, Co. Meath, while McDonagh is alleged to have possessed it at Main Street, Castlebellingham, Co. Louth, both on June 10, 2013. McDonagh is additionally charged with membership of an unlawful organisation styling itself the Irish Republican Army. The matter is at the trial stage, with all charges alleged or contested. During a bail variation hearing, counsel for Valteris requested an amendment to his curfew conditions to accommodate employment as a security guard. The court, presided over by Mr Justice Paul Butler with Judges Margaret Heneghan and William Hamill, granted the variation, adjusting the curfew to 6am to 7am with gardai consent. The court remanded the accused men on continuing bail until December 12. No pleas, findings, sentences, or finalisations were recorded in this report.
Eight men from Dublin were arrested on Good Friday after a Garda search of a commercial premises in Clondalkin, part of an investigation into dissident republicans. They were charged on March 29, 2013, before the Special Criminal Court with membership of an unlawful organisation, namely Oglaigh na hEireann, otherwise the Irish Republican Army (IRA). The accused – Kevin Braney (38), Des Christie (49), Eamon McNamee (32), Hubert Duffy (45), William Jackson (53), Declan Phelan (31), John Brock (40) and Darren Murphy (42) – were all brought before the court on Easter Sunday. Counsel for the State, Vincent Heneghan, said evidence had been served and the trial was expected to take about six weeks. Judge Paul Butler set the trial for January 13, 2015, and instructed the men that any alibi defence must be notified within 14 days, with witnesses only allowed to appear with 21 days' notice. The court would adjust its schedule to accommodate the case.
Seven men from Dublin were charged with membership of the Irish Republican Army (IRA) at a Special Criminal Court hearing in July 2013. The accused – Peter Burns (39), Kevin Braney (39), Michael Barr (33), Brian Nick McBennett (54), John Brock (41), Declan Phelan (31) and Desmond Christie (49) – were all charged on the same date, 3 July, with membership of an unlawful organisation. Four of them – Braney, Phelan, Brock and Christie – had also been arrested on Good Friday following a Garda search of a commercial premises in Clondalkin, and were charged again on 29 March 2013. Mr Vincent Heneghan BL for the State announced that books of evidence could be served on all accused. Judge Paul Butler scheduled the case for mention again on 11 December and noted that the next hearing could be conducted via video link, though he would adjourn if the matter turned into something else and required the accused to appear in person.
Stephen "Rossi" Walsh, a 65‑year‑old former resident of Belgrave Road, Rathgar, is preparing to apply for bail while he appeals three separate convictions. He is currently serving a 10‑year sentence for raping a nine‑year‑old girl in 1990, imposed by Mr Justice Paul Carney in February 2010. In November 2010 Judge Patrick McCartan added a consecutive three‑year term for indecent assault of a seven‑year‑old girl in 1988. In December 2011 Walsh received another consecutive 12‑year sentence for sexual assault and defilement of a child on occasions in 2008 and 2009. All three convictions are under appeal. Walsh's earlier 15‑year arson sentence from 1993 was imposed by the Special Criminal Court. He is represented by Derek Burke Solicitors on two appeals but wishes to represent himself on the appeal against the 2009 rape conviction.
A 45‑year‑old man named Stephen Hendrick of Ballymun, Dublin, was charged with membership of the Irish Republican Army (IRA) and possession of ammunition. He was arrested in July at a yard in Cloghran by the Special Detective Unit and the Crime and Security Section. At an out‑of‑hours sitting of the Special Criminal Court, he was formally charged with IRA membership and with possessing ammunition in suspicious circumstances. The State served a book of evidence on him, and the court will remand him on continuing bail until December 6, when the case will be listed for mention.
Sean Connolly, 34, of Bernard Curtis House, Bluebell, was charged before the Special Criminal Court with the murder of veteran criminal Eamon Kelly on 4 December 2012 at Furry Park Road, Killester, and also faced charges of IRA membership and firearm possession. His counsel, Siobhan Ni Chulachain BL, requested additional time to review a large amount of evidence disclosed the previous week. The defence asked the court to reschedule the case for mention on 29 November, and Judge Paul Butler ordered Connolly to remain in custody until that date.
The Special Criminal Court has found Vincent Ryan and Darragh Evans not guilty by direction of the court regarding the alleged possession of an AKM assault rifle and a Webley-make revolver MkV1. Both men, who had pleaded not guilty, were released from custody after the court ruled there was an insufficient evidential basis for a conviction. The charges related to an incident on September 15, 2011, at Clonshaugh Walk, Coolock, Dublin 17, following a firearm discharge in Clongriffin. While forensic evidence linked DNA profiles to the weapons, the court accepted defence arguments that the DNA could have been deposited via secondary or tertiary transfer and that the specific time and place of possession were not sufficiently proven. Justice Paul Butler directed the verdicts, noting that the evidence did not meet the threshold for a jury trial. In a separate finding, co-accused Alan Ryan was acquitted. The court commended the Garda investigation as thorough and professional, despite the outcome. The matter was concluded with the directed not guilty verdicts for Ryan and Evans and the acquittal of Alan Ryan.
The Special Criminal Court ruled that evidence of Garda interviews with Vincent Ryan (22) and Darragh Evans (23) concerning the possession of an AKM assault rifle and a Webley revolver is inadmissible. The court held a voir dire to assess whether Section 18 b(iii) of the Criminal Justice Act 1984 was properly invoked. The section allows inferences from an accused's failure to account for an object. The judge found that the section was not properly invoked because it was necessary to establish that the accused possessed the magazine or rifle, a point the court deemed circular. The prosecution case was deemed concluded. The investigation began after a firearm discharge on Marsfield Avenue, where a Saab 95 was searched and an AKM rifle, an AK‑47 magazine, a Webley revolver and a Pringles lid were recovered.