The Special Criminal Court ruled yesterday one of four men accused of having a bomb factory at a Co Laois farm was lawfully arrested during a Garda raid there.
The court rejected an application by Mr Martin Giblin SC that the constitutional rights of his client, Mr Michael Cully, were consciously violated by his arrest.
Mr Giblin submitted Mr Cully was handcuffed, kept lying facedown on the ground and guarded by an armed detective for 15 minutes before his arrest.
Mr Justice Barr, presiding, said the application was "not only bereft of merit but flies in the face of the dangerous circumstances" at the farm.
The court has heard that 17 Special Branch detectives led by Det Supt Basil Walsh raided the farm at the foot of the Slieve Bloom Mountains near Clonaslee, Co Laois, on June 20th, 1996.
They broke down a shed door and arrested three men after a violent struggle. Two other men, the farm's owner, Thomas Conroy and his nephew, Mr Cully, were also arrested.
Prosecuting counsel Mr Paul O' Higgins SC said gardai next day discovered "an extremely well-concealed and sophisticated underground bunker" at the farm where they found "a significant arsenal of weaponry".
Conroy (76) has pleaded guilty to possessing explosive substances, including mortar components, mortars containing Semtex, improvised grenades, timing switches and other material with intent to endanger life at his farm at Ballyfarrell, Clonaslee, on June 20th, 1996.
He was remanded on bail for sentencing at the end of the trial of four other men who deny charges connected with the find.
They are Mr Cully (47) of Ballyfarrell, Clonaslee; Mr Brian McNally (55) of Knocksinna Park, Foxrock, Dublin; Mr John Conaty (36) of Balbutcher Park, Ballymun, Dublin, and Mr Gabriel Cleary (54) of Friarstown, Tallaght, Co Dublin.
All four have pleaded not guilty to possessing explosive substances with intent to endanger life or to enable another person to do so at Ballyfarrell on June 20th, 1996. They also pleaded not guilty to having the explosives for an unlawful object.
The men also denied having two handguns, a Bren machinegun and ammunition with intent to endanger life and for an unlawful purpose on the same date.
Mr Justice Barr said Mr Cully was handed over to Det Garda John Keane after the operation began, was handcuffed and put lying face-down on the ground for 15 minutes, with Det Garda Keane kneeling beside him.
The judge said that Det Sgt Patrick Sears returned to Mr Cully after order had been restored and arrested him under the Offences Against the State Act.
"There is no doubt that the accused would be arrested. It is wholly unreal to seek to split hairs in the context of the highly dangerous Garda operation," the judge said.
Mr Patrick Gageby SC, for Mr Cleary, submitted there was no evidence to link his client to the bunker where explosives were found.
The court hears further defence submissions on Tuesday.