One of the central figures in the 1970s Arms Trial, Capt James Kelly, who died yesterday, honourably served his country and believed he had acted upon legitimate military orders, the Taoiseach has said. Mark Hennessy and Liam Reid report
Following a short battle with cancer, Capt Kelly (73) died yesterday afternoon at the palliative unit of Harold's Cross Hospice in Dublin, surrounded by his family.
Along with former Taoiseach, Mr Charles J. Haughey; Belfast republican, Mr John Kelly; and Belgian arms dealer, Mr Albert Luykx, Capt Kelly was cleared of attempting to import arms illegally using State money.
The Taoiseach said: "It is my belief that at all times during those difficult days in the early period of the Troubles, Capt Kelly acted on what he believed were the proper orders of his superiors.
"Historians will make their own judgments about the events of that era. For my part, I have never found any reason to doubt his integrity," Mr Ahern went on.
Last night, the Kelly family welcomed the statement as "an endorsement" of Capt Kelly's "character and integrity" and "a fitting vindication" of his 33-year campaign to clear his name.
The State fund had been established as a relief fund for nationalist families by the Fianna Fáil government led by Jack Lynch at the start of the Troubles.
Capt Kelly began a High Court action against the State only last week, seeking a declaration that his right to a fair trial had been breached at the original hearing.
The Taoiseach said Captain Kelly was prosecuted "in circumstances of great controversy". "He was acquitted of all the charges laid against him. As far as the State is concerned, he was innocent of those charges."