Court rules 'Real IRA' within 1939 Act

The Special Criminal Court today rejected an application that an order suppressing illegal organisations in 1939 does not apply…

The Special Criminal Court today rejected an application that an order suppressing illegal organisations in 1939 does not apply to the ‘Real IRA’.

Mr Michael O’Higgins SC, counsel for a Co Louth farmer accused of membership of the ‘Real IRA’, yesterday put it to the court that the 1939 order introduced by the government to suppress the organisation known as the IRA did not apply to the ‘Real IRA’, which only came into existence 58 years later in 1997.

It was the sixth day of the trial of Mr Liam Campbell (38), Upper Faughart, Dundalk, Co Louth, who has pleaded not guilty to being a member of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hÉireann, otherwise the IRA, on October 3rd, last year.

Today Mr Justice Barr told the court that words such as ‘provisional’, ‘continuity’ and ‘real’ were "irrelevant" when it came to considering the ambit of the 1939 act, designed to suppress the IRA.

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However, Judge Barr said the court agreed with Mr O’Higgins’ submission that evidence arising from some Garda interviews conducted with Mr Campbell was inadmissible, as the accused has been "confused" at the time and he permitted State counsel, Mr George Birmingham SC to recall the witness.

Mr Campbell today claimed he was not a member of the ‘Real IRA’ or the IRA and said: "I don’t agree with violence".

When questioned on the possession of 40 pairs of cotton gloves, two disposable body suits and a number of walky-talky devices, Mr Campbell said he had used the cotton gloves and body suits to protect himself from the toxic chemicals he used to drench his cattle.

The walky-talkies were for the purpose of smuggling alcohol across the border, he said.

Mr Campbell also contradicted the evidence of a Garda Chief Supt who claimed he knew the accused personally for years and believed him to be a member of the ‘Real IRA’ on October 3rd last year.

The trial is due to conclude on Monday October 22nd.