Kevin Power's IRA membership case dismissed at Special Criminal Court

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Kevin Power's IRA membership case was dismissed at the Special Criminal Court. Prosecuting counsel Vincent Heneghan BL told the court on 9 March 2016 that the State was tendering no further evidence. The proceedings were reported on 9 March 2016.

Kevin Power, of Railway Street, Passage West, County Cork, had pleaded not guilty. He faced a charge of membership, within the State, of an unlawful organisation identified as the Irish Republican Army, Óglaigh na hÉireann or the IRA. The charge alleged membership on 19 December 2011.

The court had previously heard that Kevin Power was arrested on 19 January 2011 on suspicion of IRA membership and released without charge. He was arrested again on 19 December 2011, also on suspicion of IRA membership.

The court ruled on 8 March 2016 that the second arrest was unlawful. Presiding judge Mr Justice Paul Butler said Kevin Power's earlier arrest for suspected IRA membership and release without charge meant he could not be arrested again for the same offence on a different date without a warrant.