Courts / Cork / Report

Arrest of IRA accused ruled unlawful by non-jury court

Date
2016-03-08

Stage
Sentence

Primary locality
Cork

County
Cork

Summary

In a Special Criminal Court hearing on 8 March 2016, the arrest of Kevin Power, 38, of Railway Street, Passage West, County Cork, was declared unlawful. Power had been arrested twice on suspicion of IRA membership: first on 19 January 2011 and again on 19 December 2011, the latter without a warrant. The court considered Section 30(A) of the Offences Against the State Act, which requires a warrant for a second arrest after release without charge. Evidence from Detective Sergeant Patrick Murphy confirmed both arrests. The judge noted no evidence linking Power to the hoax bomb threats that had been reported to Garda stations and to the UCC campus. Consequently, the court ruled the December arrest unlawful. The case remains pending, with further proceedings scheduled for the following day. Kevin Power pleaded not guilty.

Who, what, where, when and why

What: Report matter: Arrest of IRA accused ruled unlawful by non-jury court. Charges or matters: membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on December 19th, 2011. Procedural stage: sentence

When:

December 19th, 2011 Incident
January 19th, 2011 Incident
December 19th Incident
May 19th, 2011 Incident
January 19th Incident
May 20th, 2011 Hearing Or Sentence
2016-03-08 Publication

Case subjects

Kevin Power

Accused

Charges: membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on December 19th, 2011 (Alleged Or Contested)

Plea: Not guilty

Outcome: Today, the three-judge, non-jury court heard evidence and submissions during a voir dire – a trial within a trial – to determine legal issues relating to the arrest and detention of the accused man.