Two Dublin men accused of membership of an illegal organisation had their bail revoked by the Special Criminal Court yesterday after a key witness broke down and said he was terrified and lived in fear of his life because he had been intimidated and threatened by them.
Mr Pat Byrne, director of a security firm, Protocol Contract Services, broke down in the witness box yesterday afternoon under cross-examination by Mr George Birmingham, prosecuting. Mr Byrne was being cross-examined because of "inconsistencies" in his evidence since the trial of Mr Martin Kelly and Mr William Clare began last week.
Mr Kelly (46), a former Irish soldier, of Westpark, Artane, Dublin, and Mr Clare (35) of Adare Park, Coolock, both deny membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on July 29th, 2002.
Mr Byrne nodded when Mr Birmingham asked him if it was true that he had told gardaí at the time that he felt and still feels intimidated. "They represent the IRA. I fear for my family and my house. I never wanted to be part of the IRA but I was intimidated by these men".
"Isn't that the reason why you're distressed now, you have been in fear?" asked Mr Birmingham. "Yes" Mr Byrne replied, sobbing uncontrollably.
Mr Byrne was then given leave to compose himself. It was during this break that he made a statement to Special Branch detectives alleging he had been threatened "continuously" by Mr Kelly and Mr Clare over the phone.