The Crown Prosecution Service in Britain has withdrawn a charge of possession of explosives against a man from Naas, Belmarsh Magistrates Court was told yesterday.
Mr Liam Patrick Grogan (21) was charged with the offence after he was arrested in London in July following a joint intelligence operation by British police and the Garda. Mr Grogan remains charged with conspiracy to cause explosions with Mr Darren Mulholland (19) of Dundalk, Co Louth. A third man, Mr Anthony Hyland (25), of no address, is charged with conspiracy to cause explosions and possession of explosives.
The development came after the prosecution service confirmed that the case against Ms Elaine Moore (22), from Dublin, had been discontinued last week after a review of evidence "at a very senior level" in the prosecution service and in consultation with the police investigating the case.
She had been charged with possession of explosives and conspiracy to cause explosions after police searched her flat in Hampstead, north London in July and found Semtex and a timing device. Mr Andrew Fairs, for the prosecution service, told the court the conclusion of the review of the case against Ms Moore found there was "insufficient evidence to provide a realistic prospect of conviction". However, the Crown and the Attorney General had concluded there was sufficient evidence to proceed with the case against the three men.
Applying for a two-week adjournment, Mr Avtar Bhatoa, for Mr Mulholland and Mr Grogan, said he needed more time to consider the papers in the case since they were now "very different" from the original documents. It had taken one day to remove the papers relating to Ms Moore and he had been taken "by surprise" to discover there was no forensic evidence to consider in the case against his clients.
The stipendiary magistrate, Mr David Cooper, expressed surprise that more time was needed but Mr Bhatoa pointed out that this was the first time he had asked for an adjournment.
Mr Hyland's solicitor, Mr Alex Lyon, indicated he was ready for committal proceedings to begin. Mr Fairs said the prosecution's case was "a surveillance based one, not a science-based case . . . fibre and fingerprint evidence will potentially be served after committal." Other evidence, he said, would include six cassette incendiary devices, one kilo of Semtex, a detonator and a time power unit. After Mr Bhatoa opposed a suggestion of a 30-minute adjournment, the magistrate agreed to adjourn the proceedings until October 29th, when it is expected that committal proceedings will begin.