A Dublin man who demanded money for the Continuity IRA from a lap-dancing club owner was found guilty of membership of an illegal organisation at the Special Criminal Court yesterday.
Martin Kelly (47), a former Corporal in the Irish Defence Forces, of Westpark, Artane, had denied membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on July 29th, 2002.
A second man arrested as a result of the Garda investigation, Mr William Clare (35), of Adare Park, Coolock, had changed his position on the fourth day of the trial and pleaded guilty to membership of an illegal organisation on July 29th, 2002.
During the trial, the court heard that Kelly and Clare demanded €50,000 from Dublin businessman Mr David Mooney to protect his lap-dancing club, "Bunnies", at Crown Alley in Temple Bar.
Mr Mooney, who is in the Witness Protection Programme, said that the two men told him the money was for the Continuity IRA. He said he handed over €15,000 to the two men before fleeing from Dublin and becoming a protected witness.
Kelly, in evidence, had denied membership of the Continuity IRA and said he had no political views whatsoever. Kelly said he spent 22 years in the Defence Forces and had served six tours of duty in Lebanon.
Convicting Kelly of the membership charge, Mr Justice Finnegan, presiding, said the court accepted the evidence of Det Chief Supt Phil Kelly of the Special Detective Unit that he believed Kelly was a member of the IRA as charged.
He said the Chief Supt's evidence was supported by evidence of Kelly's associations and by his failure to answer material questions relating to his membership of an illegal organisation under Section 2 of the Offences Against the State (Amendment) Act of 1998.
The judge said the court also accepted the evidence of Mr Mooney that, at a private meeting in Doran's bar in Temple Bar, "a donation was required for an organisation, the Continuity IRA, the same to be applied for prisoners' wives and families of prisoners in Portlaoise.
"It further accepts his evidence that the second payment was made by him directly to Martin Kelly."
The court remanded both Kelly and Clare in custody for sentencing tomorrow.