A lawyer for a Co Louth farmer accused of membership of an illegal organisation claimed at the Special Criminal Court yesterday that an order suppressing illegal organisations in 1939 did not apply to the "Real IRA".
Mr Michael O'Higgins SC submitted that the suppression order introduced by the government in 1939 to suppress the organisation known as the IRA did not apply to the "Real IRA", which only came into existence in late 1997.
Mr O'Higgins said the government could not have been of the opinion in 1939 that an organisation that did not exist until 58 years later was illegal.
He said it was open to the Government in 1997 to "sit down and say we are of the opinion that this organisation is unlawful".
He said that under the Offences Against the State Act the charge of membership referred to "the organisation", not "an organisation."
It was the fifth day of the trial of Mr Liam Campbell (38), of 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 h╔ireann, otherwise the IRA, on October 3rd, last year.
Mr George Birmingham SC, prosecuting, has told the court the case against Mr Campbell consisted of the opinion of a Garda chief superintendent, items that were found during a search of Mr Campbell's home and nine interviews carried out by garda∅ at Kells Garda station after Mr Campbell's arrest.
He said Mr Campbell had declined to answer material questions relating to his membership of an illegal organisation, and the court was entitled under the Offences Against the State (Amendment) Act of 1998 to draw inferences from that.
The court has heard evidence from Chief Supt Michael Finnegan that he believed Mr Campbell was a member of an unlawful organisation. He believed Mr Campbell was a member of the "Real IRA".
Mr O'Higgins submitted that interviews by the garda∅ with Mr Campbell were not admissible in evidence and the court would not be entitled to rely on the evidence of Chief Supt Finnegan to convict Mr Campbell.
The court is due to rule on the defence application today.