The alleged former director of operations of the "Real IRA" has lost his appeal against his conviction on two charges of IRA membership. Liam Campbell is serving an eight-year sentence.
Campbell (41), Upper Faughart, Dundalk, Co Louth, was convicted by the non-jury Special Criminal Court last May on two separate counts of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on separate dates in 2000 and 2001.
Campbell is one of five men being sued for damages in civil proceedings by relatives of the victims of the 1998 Omagh bombing in which 29 people were killed and more than 300 injured. The relatives' claim in their proceedings is for more than €10 million.
Moving Campbell's appeal before the three-judge appeal court yesterday, Mr Michael O'Higgins SC said he was contending the "Real IRA" is not a proscribed organisation within this jurisdiction. He said this point had been successfully argued in the Northern Ireland courts and the issue was with the British House of Lords for a decision.
Opposing the appeal, Mr George Birmingham SC, for the DPP, contended there was no doubt that the IRA - whether under the names "Real IRA" or "Continuity IRA" - were caught by the proscription in the relevant section of the Offences Against the State Act.
Mr Justice Kearns, presiding at the appeal court and sitting with Mr Justice Herbert and Mr Justice Butler, said the court would dismiss the appeal and give its reasons at a later date.
When sentencing Campbell at the Special Criminal Court for IRA membership, Mr Justice Johnson said this was an extremely serious offence and Campbell had not contested the evidence. The court treated this as equivalent to guilty pleas and took into account the fact that Campbell had saved the State time and expense. He said the court also took into account the fact that Campbell was a married man with two young children.