A Co Louth farmer became the first person convicted of membership of the "Real IRA" in the Special Criminal Court yesterday. He was sentenced to five years' imprisonment, the final three months of which were suspended to take account of the time he had already spent in custody.
Leave to appeal against conviction and sentence was refused.
Liam Campbell (39), a married father of two, of Upper Faughart, Dundalk, Co Louth, was convicted under the 1939 Offences Against the State Act of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise ╙glaigh na h╔ireann, otherwise the IRA, on October 3rd last year.
Det Insp Diarmuid O'Sullivan, of the Special Detective Unit, said Campbell had no previous convictions and was a small farmer who had five acres of land.
Sentencing him, Mr Justice Robert Barr, presiding at the non-jury court, said the court was satisfied that Campbell was a member of the terrorist group known as the "Real IRA" which broke away from the Provisional IRA in late 1997.
He said the court was satisfied that the "Real IRA" was a splinter group which broke away from the Provisional IRA because those involved "were reluctant to accept the ceasefire declared by that organisation and the politicisation of the struggle against the British regime in Northern Ireland".
He said the court also accepted that the "Real IRA" believed the "armed struggle" in Northern Ireland and Britain should continue.
The judge said the "Real IRA" has been engaged in much criminal activity since late 1997.
"That conduct amounts to a grievous crime against the people of Ireland, north and south. Membership constitutes a serious criminal offence."
During the seven-day trial the court heard evidence from Chief Supt Michael Finnegan that he believed Campbell was a member of an unlawful organisation. He said he believed Campbell was a member of the "Real IRA".
But Campbell, in evidence, denied on oath he was a member of the IRA or the "Real IRA".
Mr Justice Barr said the court rejected Campbell's assertions that he was not a member of the IRA on October 3rd, 2000.
"The court infers from his silence on being asked about membership of the IRA that he was unwilling to admit that he was a member of that organisation."
Referring to Campbell's refusal to answer questions during his interrogation by garda∅, Mr Justice Barr said: "The court also regards his failure to answer such questions as amounting to corroboration of the opinion expressed by Chief Supt Finnegan that the accused was in fact a member of the IRA on October 3rd, 2000."
The court had earlier ruled that during three of nine interviews carried out with Campbell by garda∅ when in custody at Kells Garda station there may have been confusion in his mind as to whether he should answer questions under Section 2 of the Offences Against the State (Amendment) Act of 1998.
But in six other interviews the court was satisfied he had many opportunities to "confirm or deny membership of the IRA and that he understood the implications for him of not responding to such questioning".
The court also had no doubt that explanations given by Campbell to garda∅ and evidence regarding particular items found on his premises "undermines his credibility".
The court did not accept Campbell's explanation that a 150-feet-long length of plastic tubing found in his garage was required to remedy air locking in his tractor engine.
The court also rejected his explanations for the presence of other items on his property, including 40 pairs of cotton gloves, protective clothing and walkie-talkies.