Courts / Leitrim / Report

"Stop and search" of IRA accused was lawful, court rules

Summary

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.

Who, what, where, when and why

What: Report matter: "Stop and search" of IRA accused was lawful, court rules. Charges or matters: membership of an unlawful organisation. Procedural stage: trial

When:

• August 14, 2016 Hearing Or Sentence
• August 14 Hearing Or Sentence
• 2018-11-20 Publication

Case subjects

Places mentioned

Topics

Stage Trial

Related court reports

• Court convicts man over training mortar find
• "Stop and search" of IRA accused unlawful, defence argue
• Mortar round found inside "Spiderman" backpack, IRA trial hears

Read the original CNI report