A Co Louth student accused of IRA membership has been granted leave by the High Court to bring proceedings aimed at stopping his prosecution.
Barry O’Brien, with an address Oaktate, Stonetown, Dundalk, Co Louth, is challenging the Director of Public Prosecutions’s decision to direct he be tried on a charge of membership of an illegal organisation in April 2004 contrary to the Offences Against the State Act.
Mr O’Brien contends provisions of the Offences Against the State Act allowing a Garda chief superintendent’s statement of belief of membership of an illegal organisation to constitute evidence of membership are in breach of the Constitution and the European Convention of Human Rights.
Mr O’Brien’s trial at the non jury Special Criminal Court was due to continue tomorrow but the decision by the High Court to grant leave to bring his judicial review challenge acts as a stay on the trial until the judicial review proceedings had been determined.
Today Deirdre Murphy SC, for Mr O’Brien, said two separate challenges relating to the validity of belief evidence of a Garda Chief Superintendent are relevant to Mr O’Brien’s case but both have yet to be determined.