Man accused of IRA membership bids to have trial stopped
A Co Louth man accused of IRA membership has been granted leave by the High Court to bring proceedings aimed at stopping his prosecution.
Yesterday the High Court granted leave to Mr Barry O'Brien, a student with an address Oaktate, Stonetown, Dundalk, Co Louth who is seeking to judicially review proceedings against the Director of Public Prosecutions the decision to try him on a charge of membership of an illegal organisation in April 2004 contrary to the Offences Against the State Act.
In the proceedings Mr O'Brien (aged 35), who denies the charges, is seeking an order prohibiting his trial on the grounds that provisions of the Offences Against the State Act that relate to a Garda Chief Superintendent's statement of belief that constitute evidence of membership are invalid having regard to the Constitution and the European Convention of Human Rights.
Mr O'Brien's trial at the non-jury Special Criminal Court was due to continue on Tuesday.
However in granting leave today Mr Justice Michael Peart put a stay on the trial until the judicial review proceedings had been determined. The judge made the matter returnable to a date in early March.
Counsel for Mr O'Brien Deirdre Murphy SC said that there are two challenges, one before the Supreme Court and the other before the High Court, in which the validity of the the Chief Superintendents' evidence is being challenged which are relevant to Mr O'Brien's case. Both of those have yet to be determined.
