The head of the Garda Special Branch told the Special Criminal Court in Dublin yesterday that he had confidential information from "Garda and non-Garda sources" that two Dublin men were members of the IRA.
Det Chief Supt Philip Kelly claimed privilege when cross-examined by defence counsel for the two men on the sources of his information.
Det Chief Supt Kelly, who is in charge of the Special Detective Unit (Special Branch), refused to disclose the sources of his information.
It was the fourth day of the trial of Mr Niall Binead, also known as Niall Bennett (35), of Faughart Road, Crumlin, and Mr Kenneth Donohoe (26), of Sundale Avenue, Mountain View, Tallaght, who have pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on October 10th, 2002.
Cross-examined by Mr Binead's counsel, Mr Peter Finlay SC, the chief superintendent said he was not prepared to disclose the source of his information because to do so would endanger the lives of people and hamper security issues.
Cross-examined by Mr Donohoe's counsel, Mr Conor Devally SC, he said he had information from Garda and non-Garda sources, as well as oral and documentary evidence, which led to his belief that Mr Donohoe was a member of an unlawful organisation.
Mr Finlay applied to the court to appoint "a special advocate" to examine the chief superintendent's sources. He said that if he was not allowed to know the source of the chief superintendent's opinion then his client was not receiving a fair trial.
He said there was a breach of the European Convention of Human Rights because he was not able to question the source of the chief superintendent's opinion.
The court will hear from prosecuting counsel Mr George Birmingham SC, in reply to Mr Finlay's application when the trial resumes on Tuesday.