Brian Kenna’s search and arrest ruled lawful

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Special Criminal Court ruled that Brian Kenna’s search and arrest were lawful. The proceedings were reported on 27 April 2017.

Kenna pleaded not guilty to membership of an unlawful organisation within the State, namely Óglaigh na hÉireann, otherwise the Irish Republican Army or the IRA. The charge concerned 21 November 2015.

The court had previously heard that an “IRA communiqué” fell from Kenna’s pocket while a detective was searching him outside Portlaoise prison. The defence argued that the detective’s suspicion that Kenna was to be “engaged in IRA activities” was insufficient to stop and search him.

On 27 April, Mr Justice Tony Hunt, presiding at the three-judge non-jury court, said it was satisfied that Detective Sergeant Padraig Boyce had reasonable suspicion to justify his actions. The judge said the detective had enough information to search Kenna and had formed an independent view that he was an IRA member.

Siobhán Stack SC, defending, then challenged the legality of the detective’s decision to search Kenna’s car. The court was due to rule on the application the following Friday. The trial continued.