Slugger O'Toole

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“his instructions were to enter a nolle prosequi..”

Sat 20 December 2008, 2:41am

The trial of four men accused of Real IRA membership has collapsed at the Republic of Ireland’s Special Criminal Court today. They were arrested along with BBC NI Spotlight journalists in March this year. From the iol report

The State’s decision came after the court ruled that the initial detention of the four men when their car was stopped by a Garda Sergeant at Bridgend in Co Donegal was unlawful and that their subsequent arrest was therefore unlawful.

Meanwhile three men are being questioned after Gardaí in County Meath “found three firearms, a quantity [2.5kg] of Semtex, 500 rounds of ammunition and stolen property in two separate operations in the county.”Also on the first story, this from the Irish Examiner

Today prosecuting counsel Mr Patrick Marrinan SC told the three judge non-jury court that his instructions were to enter a nolle prosequi at this stage of the trial. This means that the State is not proceeding with the prosecution.

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Comments (6)

  1. OC says:

    This just proves the idiocy of fighting terrorists using criminal law.

    Clearly, those arrested were franc-tireur, and accordingly unlawful combatants, as they didn’t openly display their weaponry.

    Summary reprisal executions defeated the IRA in the Free State.

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  2. Baz está fresco em Vermont says:

    “Summary reprisal executions defeated the IRA in the Free State.”

    Is that a fix for Limerick?

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  3. k says:

    OC, they weren’t caught with any weapons.

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  4. OC says:

    k: Oops, it appears that I confused two groups mentioned in the OP.

    My remarks should have been directed towards the people ‘questioned after Gardaí in County Meath “found three firearms, a quantity [2.5kg] of Semtex, 500 rounds of ammunition and stolen property in two separate operations in the county.”’ That is, unless they’re ODC.

    As to the first group, whose charges were dropped, I’m not sure if here in the States we have such a charge as “member of an illegal organization”.

    We do have RICO statutes, for a Racketeering Influenced Corrupt Organization.

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  5. Paul McMahon says:

    “Clearly, those arrested were franc-tireur, and accordingly unlawful combatants, as they didn’t openly display their weaponry”

    Robert Nairac was out of uniform, posing as a Belfast Republican and had concealed weapons soesn’t the above comment jusify his fate also OC?

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  6. OC says:

    SMERSH: Death To Spies.

    It does seem, though, that he was treated far worse than IRA men captured, but perhaps someone here knows different.

    British Commandos were declared to be terrorists by Hitler, and to be summarily shot, though I don’t know if this was ever carried out.

    During the Battle of the Bulge, American-speaking German soldiers were dressed as US miltary police in order to sow disruption in any counter-attack. Supposedly they wore German army uniforms underneath in order to qualify as lawful combatants if captured, eg POWs. Again, don’t know if it worked, or not.

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