Two Dublin men who demanded money for the Continuity IRA from the owner of a Temple Bar lap-dancing club have been jailed for four years for membership of an illegal organisation by the Special Criminal Court.
Martin Kelly (47), a former corporal in the Defence Forces, Westpark, Artane, was convicted on Wednesday of membership of the IRA on July 29th, 2002.
A second man arrested as a result of the Garda investigation, William Clare (36), Adare Park, Coolock, had changed his plea on the fourth day of the trial and pleaded guilty to membership of an illegal organisation on July 29th, 2002.
Sentencing them to four years each, Mr Justice Finnegan said the offences were of a "gravity towards the top end of the scale" as the raising of funds was the "lifeblood of the organisation".
The judge suspended the last six months of both sentences in light of their family circumstances. In Kelly's case he took his 26 years' loyal service with the Defence Forces into account and the fact he could no longer support his partner, daughter and grandchild.
Mr Justice Finnegan said Clare was responsible for his partner, her two children and his five-month-old baby and took into account his promise of disassociation from the Continuity IRA. He suspended the last six months in recognition of his late guilty plea.
The court had heard that Kelly and Clare demanded €50,000 from Dublin businessman Mr David Mooney "to protect" his lap-dancing club, Bunnies, at Crown Alley. Mr Mooney, who is now in the witness protection programme, said the two men told him the money was for the Continuity IRA. He said he gave them €15,000 before fleeing Dublin and becoming a protected witness.
Kelly had denied membership of the Continuity IRA and said he had no political views. He said he spent 26 years in the Defence Forces and had served six tours of duty in Lebanon.
Convicting Kelly of the membership charge, Mr Justice Finnegan 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 evidence was supported by evidence of Kelly's associations and by his failure to answer questions relating to his membership of an illegal organisation.