The Court of Criminal Appeal has rejected challenges brought by five men convicted of membership of the IRA following their arrests at Corke Abbey in Bray, Co Wicklow.
Stephen Birney, Patrick Brennan, Thomas Gilson, Séan O'Donnell and John Troy were convicted on 21 February 2005 after a 25-day Special Criminal Court trial. Their convictions related to membership of an unlawful organisation on 11 October 2002.
The case arose after an off-duty detective noticed suspicious vehicle movements at Corke Abbey. Gardaí subsequently found the five men associated with a Ford Transit van containing balaclavas, cable ties, pickaxe handles, a lump hammer, radios and clothing resembling Garda and security uniforms. Two of the men were dressed in clothing similar to Garda uniforms. A nearby car with false registration plates contained a blue flashing beacon and CS gas.
The applicants did not dispute the underlying factual evidence on appeal but advanced a series of legal challenges.
The court rejected their argument that the Special Criminal Court lacked jurisdiction because of the manner in which they were brought before it. It held that after a direction from the Director of Public Prosecutions, men lawfully arrested under the Criminal Law Act 1997 could be brought directly before the Special Criminal Court.
Challenges to their earlier detention under section 4 of the Criminal Justice Act 1984 and subsequent detention under section 30 of the Offences against the State Act were also rejected. The court found that the Garda member in charge had been entitled to take a reasonable period to assess whether detention was necessary.
Chief Superintendent Philip Kelly had testified that he independently believed each man was an IRA member. The appeal court held that this statutory belief evidence was admissible and was amply corroborated by the circumstances of the arrests, associations between the men and their refusal to answer material questions after being warned that adverse inferences could follow.
A separate challenge by Birney to a warrant used to search his Clontarf home also failed.
The court refused the applications for leave to appeal. Separate sentence appeals, if required, were left for later determination.