THREE men arrested during a security operation in south Armagh last week appeared at Banbridge Magistrates Court in Co Down yesterday.
There was a large security force presence hours before the 10 a.m. appearance of Mr Bernard Martin McGinn (40), of Henry Street, Castleblayney, Co Monaghan, and two south Armagh men, Mr Micheal Colm Caraher (30), of Kiltybane Road, Cullyhanna, and Mr Martin Mines (28), of Glassdrumman Road, Crossmaglen.
Mr McGinn faced six charges including the murders of Lance Bombardier Stephen Restorick on February 12th, 1997, Lance Bombardier Andrew Garret on December 2nd, 1993, and Mr Gilbert Johnston on August 29th, 1979.
He was also accused, with Mr Caraher and Mr Mines, of possession of a Barrett bolt action rifle, an AKM assault rifle and a quantity of ammunition, with intent to endanger life or cause serious damage to property, on April 10th.
They were all charged with conspiring to murder a person or persons unknown on April 10th and of belonging to a proscribed organisation, the Provisional IRA.
Mr Caraher was also charged with the attempted murder of Constable Ronald Galwey on March 29th. Constable Galwey was injured in a gun attack near Forkhill. Lance Bombardier Stephen Restorick was killed at a checkpoint at Bessbrook, south Armagh. Lance Bombardier Andrew Garret was killed in Keady as was Mr Gilbert Johnston, a former UDR soldier who was shot outside a sweet shop. All the defendants denied the charges.
Mr McGinn was brought into the dock handcuffed and flanked by police officers in bullet proof vests. His solicitor, Mr Gerry Trainor, said Mr McGinn had been brought to Craigavon Area hospital after his arrest on April 10th with a variety of injuries.
Mr Trainor asked the investigating officer if he could confirm that at the time of Mr McGinn's arrest, injuries - including extensive haematoma in both eyes, lacerations to the nose, injuries to the right ear requiring stitches, injuries to the head requiring staples, lacerations on the shoulders, injuries to the arm caused by puncture wounds by rifle barrels and injuries to the lower back - were evident.
The officer said he was aware there was a struggle when Mr McGinn was apprehended but he could not comment whether he had injuries before his apprehension. He agreed Mr McGinn had to be taken to hospital after hiss arrest.
Mr Trainor asked the officer if the defendant had been in such continuous pain from injuries suffered on April 10th that he had difficulty holding a pen. The officer said Mr McGinn had difficulty in holding a pen on April 16th when filling in forms. Mr McGinn, the court was told, has lodged a criminal complaint alleging soldiers had assaulted him on April 10th.
Mr Trainor inquired if the defendant, as a citizen in the Republic, had not been informed of his rights to communicate with the Irish embassy until April 15th, five days after his arrest. The officer said he was aware there was contact with the Irish consul during the defendant's detention.
The magistrate then asked the police to remove the handcuffs from Mr McGinn as the questioning had lasted such a long time.
Mr Trainor also asked the police officer if he was aware that the duration of his client's detention had breached the European Convention on Human Rights. He said he was not.
Mr Trainor asked if he could explain why Mr McGinn had not received any written caution from police since his arrest in relation to any of the three charges of murder or membership of a proscribed organisation. He also asked: "Can you explain to the court why you did not, when you cautioned him on the April 16th, 1997 ask for him to account for his presence at the scene of the murders of Bombardier Stephen Restorick, Lance Bombardier Andrew Garret and Mr Gilbert Johnston? In other words, can the court take it that you do not allege that Mr McGinn was present at the scenes of any of these murders given that you have not asked him had he been there?"
The officer replied: "At this point, it would not be a fair assumption to say that the accused was not at these murders mentioned in the charges." Pressed on this, he said: "In my opinion he would have had to be in or about the scene at the time."
Mr Trainor asked the officer for detailed description of the evidence the prosecution had which may connect Mr McGinn to the charges. The officer said he wished to withhold this information. Further pressed, he responded: "The accused was at a scene one the 10th of April, 1997. After protracted searches by the police, there was a find of a Barrett rifle and an AKM assault rifle."
Mr Mines appeared next in the dock. His solicitor, Mr Thomas Tiernan, asked the RUC officer the nature of the evidence against his client and received a similar reply. Mr Tiernan also inquired if the officer was aware that his client had made a written statement to police accounting for his presence at the scene of his arrest and denying the charges, to which the officer replied he was aware.
He was also aware Mr Mines had made a written complaint "that he was physically assaulted and sustained injuries to his head and body during detention.
Mr Caraher's solicitor, Mr Trainor, said his client had been taken to Craigavon Area hospital twice since his arrest because of injuries to his hand, chest and head. These were alleged to have happened at the time of his arrest by police and soldiers.
Mr Trainor asked the officer if he realised Mr Caraher was in "extremely poor health" as a result of extensive surgery he went through between 1990 and 1991. Mr Caraher was shot by British soldiers in disputed circumstances in December, 1990, in south Armagh. In the same incident, his brother, Ferghal, was killed.
Mr Trainor also said an objection had been lodged with the Secretary of State to Mr Caraher's six day detention. When asked if Mr Caraher was either in or near the building in which the weapons referred to in the charges were, the officer said he believed he could connect the defendant to the building or near it at the time he was apprehended. All were remanded in custody to appear at the Maze court on May 7th.