Two men who were “in joint control” of 167kg of explosives that were found in a car in Dublin have been jailed for total of 15½ years.
Mr Justice Tony Hunt also told defendant John Brock (46), who has a previous conviction before the Special Criminal Court, that “the time has now come for him to cut this out” and that he could avail of an 18-month sentence reduction if he undertook to dissociate from dissidents.
Mr Justice Hunt said that the explosives weighed between 23 and 24 stone and “the potential for death, injury and damage” to be caused by them was “very great indeed”.
Armed gardaí found four bags of explosives in the boot of a black Skoda Fabia car and 18 expended detonators under the front passenger seat when they stopped the vehicle on the Naas Road on April 13th, 2016.
Brock was jailed for 8½ years in prison while John Roche (55) was sentenced to seven years after they were found guilty by the non-jury court earlier this month.
Roche, of Bridgefoot Street, Dublin, and Brock, with an address at Cushlawn Park, Tallaght, had both pleaded not guilty to possession of 57kg of homemade explosives, consisting of ammonium nitrate fuel mix, and 38 2.5kg rolls of Kemegel industrial explosives at Naas Road, Dublin 12, .
Unlawful organisation
Sentencing the two, Mr Justice Hunt said both had possessed the explosives for the purposes of an unlawful organisation and this was an aggravating factor in the case. However, the judge said the court could not be satisfied that the men’s involvement with the explosives extended beyond their transportation.
Having regard to the gravity of the offence, the judge said it was at the mid-level of the top range and the maximum sentence was 14 years.
Regarding Roche, Mr Justice Hunt said the two mitigating factors were that he had not contested the prosecution evidence during the trial and he was a man in his mid-50s with health difficulties. The court also took into account that he has no previous convictions. Furthermore, the fact gardaí accepted that Roche was not on “garda radar” either before or after this event was important.
Referring to Brock, Mr Justice Hunt said he did not have an “unblemished record” like his co-accused. Brock was convicted for possessing firearms and ammunition in the Special Criminal Court in 2008 and was sentenced to six years in prison. The judge said Brock had approached the trial in the same manner as Roche and was therefore entitled to mitigation.
‘Recidivism’
Following this, the court said there was an element of “recidivism” in Brock’s case and the court would need some bond or undertaking from him to dissociate with members of dissident organisations if he wanted a further reduction of 18 months off his sentence.
Mr Justice Hunt told Brock’s barrister that his client could have time to consider this but said that this was his second conviction for this offence and “it was time to stop”.
Anne-Marie Lawlor SC, prosecuting, asked the court to enter a “nolle prosequi” in respect of IRA membership charges. This means the State will not be proceeding with the prosecution.
Both men were also charged with membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on the same date.