A father of five accused of possessing a firearm and of IRA membership was refused bail today.
The Special Criminal Court rejected an attempt by Co Louth man Barry O’Brien to get bail, ruling that it would be “inappropriate” as he is due to go on trial later this year for an alleged offence dating back to 2004.
A Special Branch detective told the three-judge court that Mr O’Brien (38), of Stonetown in Dundalk was on bail in respect of this charge, concerning membership of an illegal organisation, when he was arrested earlier this month by gardaí investigating dissident republican activity.
Mr O’Brien was brought before the Special Criminal Court on August 10th last and charged with unlawfully possessing a firearm at a location in Dundalk two days earlier and of membership of illegal organisation, namely the IRA, on the same date.
Lawyers for Mr O’Brien told the court today that their client is a father of five children, the youngest of whom is six months old. They also said Mr O’Brien’s trial in respect of 2004 membership charge was due to begin this November, having been delayed for a period of time because of an aspect of the case was being dealt with by the Supreme Court.
The State objected to the granting of bail, on the grounds that a refusal of the application was “necessary” to prevent the committal of “further offences”.
Refusing bail today, Ms Justice Alison Lindsay, presiding, said Mr O’Brien had undertaken to be of good behaviour under the bail conditions set out for the earlier alleged offence, and added that these latest charges were of “a serious nature”.
Mr O’Brien was remanded in custody until November 16th, when his trial is due to start at the Special Criminal Court.
Four other men, arrested on August 8th as part of the same investigation, were granted bail.
Eamon Lennon (34), Inniskeen, Co Monaghan; Neil Smith (37) and Des Ryan (53), both of Tubberfinn, Donore, Drogheda, Co Louth are charged with membership of an illegal organisation, namely a group styling itself as the IRA, on August 8th last.
Mr Lennon and Mr Ryan are further charged with the unlawful possession of a firearm at separate locations in Dundalk.
Paul Maguire (24), Drumleek South, Castleblayney, Co Monaghan, is charged with unlawfully having a sawn-off shotgun at Ecco Road in Dundalk.
All four will appear before the court again in the new legal term on October 12th.