FIVE Derry men were cleared at the Special Criminal Court in Dublin yesterday of having two assault rifles, ammunition and a grenade with intent to endanger life in Co Donegal last year. The court will give its verdict today on remaining char ges against the five of having the guns, ammunition and grenade for an unlawful purpose.
Counsel for the men claimed they were arrested by gardai at a training camp for subversives but submitted there was not enough evidence to prove they intended to endanger life.
Mr Patrick Kavanagh (34) of Chamberlain Street; Mr Hugh Wilkinson (44) of Dunmore Gardens; Mr Paul Murray (25) of College Glen; Mr Bernard O'Hagan (36) of Hatmore Park and Mr Patrick McCartney (46) of Glenowen Park pleaded not guilty on Tuesday to possession of two AKM assault rifles with intent to endanger life at Ballygorman, Malin, CoDonegal, on October 27th, to unlawful possession of the rif les, possession of 100 rounds of ammunition with intent to endanger life and unlawful possession of the ammunition.
They also denied possession of a grenade launcher and a projectile containing Semtex explosives with intent to endanger life and for an unlawful purpose on the same date.
Mr Justice Barr said the court accepted that the five defendants might have been taking part in a training exercise controlled by or on behalf of a subversive organisation. He said they were being trained or were training others in the use of dangerous weapons to cause injury to life, but the evidence did not go far enough to establish the intent to endanger life.
The judge said participation by a person in training by subversive organisations in the use of lethal military type weapons did not establish beyond a reasonable doubt that he would elect to use such weapons to endanger life at some future date.