IRA men found with SF posters await appeal judgment

The Court of Criminal Appeal has reserved judgment on appeals by five Dublin men against their convictions for membership of …

The Court of Criminal Appeal has reserved judgment on appeals by five Dublin men against their convictions for membership of an illegal organisation.

The three judge court heard closing legal submissions on behalf of the five men and for the DPP after which Mr Justice Hardiman, presiding, said the court would give judgment at a later date.

The men were each jailed for four years at the non-jury Special Criminal Court on February 21st last year for membership of an illegal organisation styling itself the IRA.

The appellants are Thomas Gilson (25), of Bawnlea Avenue, Jobstown, Tallaght; Patrick Brennan (42), of Lindisfarne Avenue, Clondalkin; Sean O' Donnell (33), of Castle Drive, Sandymount; John Troy (26), of Donard Avenue and Stephen Birney (32), of Conquerhill Road, Clontarf.

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After conviction, Chief Superintendent Peter Maguire told the court that all the men were members of the Provisional IRA, were attached to that organisation's Dublin Brigade and were answerable directly to its leadership.

During the 24-day trial, the court heard the men were arrested after an off duty Special Branch detective, Detective Garda Michael Masterson, noticed suspicious activity around three vehicles - a Nissan Almera car, a Nissan Micra car and a van.

The court heard gardaí recovered a large quantity of of Sinn Féin posters, including election posters for Sinn Féin TD Aengus Ó Snodaigh, from the Nissan Almera car in which they also found a stun gun, a CS gas canister, a blue flashing light and a beacon.

Gardaí also found two pickaxe handles, a lump hammer, three portable radios, cable ties, balaclavas and fake Garda jacket in the van.

Four of the men were found seated on the floor of the van and two of them, Gilson and O'Donnell, were dressed in fake Garda uniforms, the trial was told.

Chief Superintendent Philip Kelly, the head of the Garda Special Branch, told the trial that he believed each man was a member of an unlawful organisation.

In their appeal, the man are challenging the admissibility of that opinion evidence and they are also alleging their arrests were unlawful.

Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on October 11th, 2002.