The Special Criminal Court will rule today on an application to halt the trial of seven men accused of membership of an illegal organisation, the Continuity IRA, over what the defence claims is prejudicial evidence.
Lawyers acting for three of the men claimed the trial has been "tainted" following the evidence of Det Sgt P.J. Walsh, Henry Street station, Limerick, who told the court that the defendants Des Long and Patrick O'Shea were known to him as IRA members.
Mr John Phelan SC, acting for Mr Long, submitted such "hearsay" evidence, which was "without any substance", would have influenced the court. If this was a jury trial, he argued, the jury would be discharged immediately.
He was supported in his application by Mr Martin Giblin SC, acting for Patrick O'Shea, and Mr Peter Finlay SC, representing Gerard Brommell.
The court has heard that the seven men were arrested when gardaí raided a house in the Shanabooly Road area of Limerick in December 2001. Prosecuting counsel Mr John Edwards SC has told the court that gardaí found a note in the house which referred to firearms and had other references to a person "wanted for kneecap job" and to a "safe house". He said the unlawful organisation in the case was the Continuity IRA.
Chief Supt Gerard Kelly gave evidence earlier that, in his opinion, each of the seven was a member of an unlawful organisation on December 17th, 2001.
The seven accused have pleaded not guilty to a charge that on December 17th, 2001, within the State, they were members of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Óglaigh na hÉireann.
They are Des Long (62), vice-president of Republican Sinn Féin, Shannon Banks, Limerick; Patrick Kenneally (58), Crusheen, Co Clare; Patrick O'Shea (54), Sir Harry's Mall, Limerick; Gerard "Ger" Brommell (43), Rostura Crescent, Woodview Park, Limerick; Robert McNamara (59), St Michael's Avenue, Tipperary; Joseph "Tiny" Lynch (61), Beechgrove Avenue, Ballinacurra Weston, Limerick; and Christopher Dunne (28), Donnellan Buildings, Rosbrien, Limerick.
The trial continues today.