Courts / Dublin / Report

Special Criminal Court rules arrests of six IRA accused were unlawful

Date
2015-06-26

Stage
Charge Or Pretrial

Primary locality
Tallaght

County
Dublin

Summary

The Special Criminal Court ruled that the arrests of six Dublin men suspected of IRA membership at a house in Tallaght were unlawful. Judge Tony Hunt said each case lacked the modest level of objective justification required under Section 30 of the Offences Against the State Act, citing the Supreme Court's 2003 Walshe v Fennessy decision. The men—Brian Nick Mc Bennett, Kevin Braney, Michael Barr, John Brock, Declan Phelan and Desmond Christie—were found to have been arrested without sufficient justification. Peter Burns, the seventh accused, did not challenge the legality of his arrest. Tara Burns SC, representing the State, requested instructions from the Director of Public Prosecutions and asked the court to adjourn until the following Tuesday. The court had previously accepted evidence that a search warrant for the Tallaght house was valid and that two packages allegedly containing communications from prisoners were found in the house. Brian Nick Mc Bennett pleaded not guilty. Kevin Braney pleaded not guilty. Michael Barr pleaded not guilty. John Brock pleaded not guilty. Declan Phelan pleaded not guilty. Desmond Christie pleaded not guilty.

Who, what, where, when and why

What: Report matter: Special Criminal Court rules arrests of six IRA accused were unlawful. Charges or matters: membership of an unlawful organisation styling itself the Irish Republican Army. Procedural stage: charge_or_pretrial

When:

July 3, 2013 Hearing Or Sentence
2015-06-26 Publication