Court upholds arrests of men on IRA charges

A defence application in the trial of five men accused of IRA membership that their arrest in Bray, Co Wicklow, in 2002 was unlawful…

A defence application in the trial of five men accused of IRA membership that their arrest in Bray, Co Wicklow, in 2002 was unlawful has been turned down by the Special Criminal Court in Dublin.

The three-judge court found that gardaí did not abuse their powers when arresting the men in Bray, Co Wicklow, on October 11th, 2002.

Mr Justice Diarmuid O'Donovan, presiding, said: "The court is satisfied beyond any doubt that each of these accused was lawfully arrested on the morning of 11 October."

The five men were discovered acting suspiciously in three vehicles by an off-duty Special Branch officer.

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The Special Criminal Court has heard that four of the men were seated on the floor of a transit van and two of them were dressed in fake Garda uniforms.

Gardaí recovered a large quantity of Sinn Féin posters, including election posters for Sinn Féin TD Mr Aengus Ó Snodaigh, from a car in which they also found a stun gun and a CS gas canister.

They also recovered cable ties, car number plates, a blue flashing emergency light and a roll of tape.

In the van, there were a number of items including a sledge hammer, pickaxe handles and balaclavas.

The five men have pleaded not guilty to the charge of IRA membership. They are Thomas Gilson (24), Bawnlea Avenue, Jobstown, Tallaght; Patrick Brennan (40), Lindisfarne Avenue, Clondalkin; Sean O'Donnell, (32) Castle Drive, Sandymount; John Troy, (22), Donard Avenue; and Stephen Birney, 30, Conquerhill Road, Clontarf.

The defence argued that the arrests were unlawful because of "a series of prior illegalities which took place prior to the arrests".

The trial has now entered its 20th day.