Courts / Sligo / Report
Man who transported training mortar in child's backpack avoids jail
Summary
A 29-year-old man from Ballysodare in Sligo has received a fully suspended sentence following his conviction at the Special Criminal Court for assisting an unlawful organisation. Damhan McFadden pleaded guilty in November 2019 to knowingly rendering assistance to the IRA by transporting an inert training mortar in a child's backpack in August 2016. Presiding judge Mr Justice Tony Hunt imposed a two-year-eight-month suspended sentence, noting McFadden had engaged in intentional conduct but was entitled to a reduction for his guilty plea and absence of previous convictions. The judge stated McFadden became involved through a "misguided and romanticised notion of republican ideals". McFadden entered a bond of €100 to keep the peace for the suspension period. His co-accused, Julian Flohr, was convicted of membership of the same unlawful organisation and received two years and ten months imprisonment.
Who, what, where, when and why
What: Report matter: Man who transported training mortar in child's backpack avoids jail. Charges or matters: membership of an unlawful organisation on the same date and his trial had been underway since the middle of November; 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:
- November 28 Hearing Or Sentence
- August 14, 2016 Hearing Or Sentence
- August 2016 Hearing Or Sentence
- 2019-02-18 Publication
Case subjects
Defendant
Charges: membership of an unlawful organisation on the same date and his trial had been underway since the middle of November; the new count on November 28 and a "nolle prosequi" was entered on the membership charge which the defendant had originally been charged with (Admitted)
Plea: Guilty
Outcome: McFadden took the stand at today's sentence hearing, where he undertook to the court to "stay away" from people who support and are involved in "violent republicanism". Passing sentence, Mr Justice Hunt said McFadden had engaged in "intentional conduct" by using his car and his child's backpack to move a mortar.
Convicted Person
Finding: Found guilty
Outcome: Found guilty; Flohr was today jailed for two years and 10 months. Sentencing Flohr today, Mr Justice Hunt, sitting with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, sentenced him to two years and 10 months imprisonment, backdated to May last year when he went into custody.
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