Brian Kenna pleads not guilty to IRA membership charge
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Brian Kenna has pleaded not guilty to membership of an unlawful organisation within the State. The charge alleges membership of Oglaigh na hEireann, otherwise the Irish Republican Army or IRA, on 21 November 2015. The proceedings were reported on 25 April 2017.
His trial was continuing at the Special Criminal Court before Mr Justice Tony Hunt, presiding, sitting with Judge John O'Hagan and Judge Flann Brennan.
Detective Sergeant Padraig Boyce, of the Special Detective Unit, gave evidence to prosecuting counsel Ronan Kennedy BL on 25 April 2017. He said a briefing had informed him that Mr Kenna would be in Portlaoise on the alleged offence date, engaging in IRA activity.
The court heard that the detective and two colleagues saw Mr Kenna in the prison carpark that morning. Det Sgt Boyce said he informed Mr Kenna that he would search him under Section 30 of the Offences Against the State Act. The court heard that a small piece of paper wrapped in Cling-film fell to the ground when the detective turned out Mr Kenna's jeans pockets.
Det Sgt Boyce said he believed the paper was an IRA communiqué used to pass information between units. He said Mr Kenna denied any knowledge of it and laughed when asked what it was. The detective also said Mr Kenna told him he had been visiting two prisoners.
Opening the prosecution case, Mr Kennedy said evidence would be heard that Mr Kenna represented the Irish Republican Prisoners' Welfare Association, and from Assistant Commissioner Michael O'Sullivan of his belief that Mr Kenna was an IRA member on the alleged offence date.
The defence, led by Siobhan Stack SC, was challenging the legality of the stop and search, arrest and detention, and seizure of Mr Kenna's car.