The prosecution in the case against three men accused of explosives charges at the SpecialCriminal Court in Dublin has decided not to proceed with its case.
Prosecuting counsel Mr Patrick McCarthy SC told thecourt that theDirector of Public Prosecutions wasentering a nolle prosequion all the chargesagainst the men.
The court will hearsubmissions next Tuesday ondefence applications to enter a not guilty verdict inthe case.
Mr Justice Diarmuid O'Donovan, presiding, warned themedia not tospeculate on the reasons for the DPP'sdecision to enter a nolleprosequiin the case.
The DPP's decision came on the eighth day of theretrial of the threemen who were arrested aftergardaí discovered what the prosecutionclaimed wereexplosive substances at Howth and a house in Bettystown,Co Meath.
Mr Joseph Dillon (55), of Greenlawns, Skerries hadpleaded not guilty topossession of an explosivesubstance with intent to endanger life orto enableanother person to do so at Golflinks Road, Bettystown,CoMeath on January 5th, 1998.He also denies havingan explosivesubstance in suspicious circumstances onthe same date.
Mr Eamonn Flanagan (45), a native of Co Tyrone, with anaddress at TheSquare, Skerries; and Mr Seamus McLoughlin (69), of Balkill Park, Howthdeniedpossession of an explosive substance with intent toendangerlife or to enable another to do so at WestPier, Howth, Co Dublin onJanuary 5th, 1998.Theyalso deny having an explosive substance insuspiciouscircumstances on the same date.
The men originally went on trial in February 1999 butthe trial wasaborted due to the illness andsubsequent death of Judge ThomasBallagh and aretrial was ordered.
Yesterday Mr McCarthy said he needed to takeinstructions from theDPP following the court'sruling that coded numbers referring to members ofthe Garda National Surveillance Unit should be madeavailable to the defence.
Detective Superintendent Philip Kelly of the Crime andSecurityBranch had claimed privilege in relation tothe numbers and said that making them public wouldremove the cover of his unit and inhibitfuturecriminal investigations.
But the court ruled on Wednesday that the accusedwould not have anadequate opportunity to defendthemselves unless the numbers weredisclosed.Thecourt said it would inhibit the capacity of theaccused to get a fair trial if the numbers were notdisclosed.