Courts / Leitrim / Report

Court convicts man over training mortar find

Summary

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.

Who, what, where, when and why

What: Report matter: Court convicts man over training mortar find. Charges or matters: membership of an unlawful organisation on August 14, 2016 and his trial had been underway since November 15; the new count on November 28 and a "nolle prosequi" was entered on the membership charge which the defendant had originally been charged with. Procedural stage: sentence. Findings: Found guilty

When:

• August 14, 2016 Incident
• August 14 Hearing Or Sentence
• November 28 Adjournment
• November 15 Hearing Or Sentence
• August 2016 Incident
• 2019-01-25 Publication

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Stage Sentence

Related court reports

• "Stop and search" of IRA accused was lawful, court rules
• "Stop and search" of IRA accused unlawful, defence argue
• Mortar round found inside "Spiderman" backpack, IRA trial hears

Read the original CNI report