Courts / Cork / Report
Case against IRA accused collapses
Summary
The Special Criminal Court dismissed a case alleging that a Cork man, Kevin Power, was a member of the Irish Republican Army (IRA). The court was informed that the State would not proceed with the charge and that no further evidence would be presented. Power, aged 39 and residing in Railway Street, Passage West, had previously pleaded not guilty to membership of an unlawful organisation on 19 December 2011. He had been arrested on 19 January 2011 on suspicion of IRA membership and released without charge, and again on 19 December 2011 for the same suspicion. Judge Paul Butler ruled the second arrest unlawful, citing Section 30(A) of the Offences Against the State Act, which prohibits re‑arresting a person for the same offence without a warrant after release. Consequently, the charge was dismissed.
Who, what, where, when and why
What: Report matter: Case against IRA accused collapses. 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: hearing_or_decision
When:
- December 19th, 2011 Incident
- January 19th, 2011 Incident
- December 19th Incident
- 2016-03-09 Publication
Why: Mr Justice Paul Butler, presiding, said that the second arrest was unlawful because Mr Power had previously been arrested for IRA membership and should not have been rearrested for the same offence on a different date without a warrant. CNI source report
Case subjects
Defendant
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
Places mentioned
Topics
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