Garda says Murphy senior IRA man

The jury will retire today in a libel action taken by a Co Louth farmer over a Sunday Times article dealing with an alleged IRA plan to bomb seaside resorts in Britain in 1985.

Mr Thomas Murphy (47), of Ballybinaby, Hackballscross, has taken the action against Times Newspapers Ltd and a number of journalists in relation to the article, which was published on June 30th, 1985.

Evidence in the trial concluded yesterday, after which Mr Paul Gallagher SC, for the Sunday Times, delivered his closing speech. Today Mr Eamon Leahy SC will close the case for Mr Murphy, after which Mrs Justice McGuinness will charge the 11member jury before sending it out to consider its verdict.

Mr Gallagher told the jury it would have to decide a number of questions. Firstly it must decide whether the Sunday Times article meant "that Thomas Murphy was a prominent member of the IRA, an unlawful organisation associated in the public mind with violence, bombings and murder" and that he "planned murder and the bombing of property".

If the jury answered yes to those questions, it would have to decide whether the words complained of were "true in substance and in fact". If it believed the words were true, it would find for the Sunday Times.

If it did not, it must decide whether the evidence regarding reputation established that Mr Murphy was a prominent member of the IRA. If the answer to that was no, it should move to assess full damages. If the answer was yes, it must assess what damages he was entitled to in the light of its determination that he was a prominent member of the IRA.

Mr Gallagher said it was clear from all the evidence that Mr Murphy was a prominent member of the IRA and a member of its Army Council, which sanctioned IRA activities. The jury had heard evidence of a false passport bearing Mr Murphy's photograph, and giving similar height and eye colour, which was used for brief trips to Athens and to Yugoslavia. It also heard of a false driving licence seized from him and evidence from an IRA informer, Mr Sean O'Callaghan, of Mr Murphy attending three IRA meetings. A former IRA man, Mr Eamon Collins, had also given evidence that Mr Murphy had given him "absolution" after the IRA murder of an innocent man.

Gardai had also given evidence that Mr Murphy was arrested a number of times under the Offences Against the State Act, had remained silent and failed to deny IRA membership. i of being a prominent member of the IRA. Mr Murphy was deserving of no damages whatsoever, Mr Gallagher said.

Earlier yesterday, Supt Michael Staunton said he had been a garda in the Border area almost all his life and knew Thomas Murphy. Gardai in Dundalk and further afield would regard Mr Murphy as a member of the IRA and he personally believed Mr Murphy was a senior member.

Cross-examined by Mr Leahy, Supt Staunton said he had not personally arrested Mr Murphy in relation to IRA membership and agreed Mr Murphy has not been arrested for the past nine years. He agreed it was possible to secure a conviction for IRA membership on foot of a chief superintendent's stated belief that the person was an IRA member, but said, in the absence of other evidence, it was difficult to secure such convictions.

Mr Leahy put to him it was nonsense that there was a senior IRA member in his area in the past nine years who had had never been questioned. "It's not nonsense, regrettably," Supt Staunton said. Mr Murphy, he added, had been arrested three times before 1989 and had chosen to exercise his legal right to remain silent.

Insp Noel Cunningham said he arrested Mr Murphy and two other men who were passengers in his car near Monaghan town on June 26th, 1985. He had arrested them on suspicion of IRA membership. He said Mr Murphy had given one of the other men's names as Mr Murphy from Crossmaglen and that same man gave his name as Mr McKinney, but a driving licence was found in the car which had a photograph of that man and the name of Mr Martin. He had asked Mr Murphy a number of questions and Mr Murphy did not respond. He did not deny IRA membership. He said he had heard Mr Murphy testify he was arrested for drink but that was not the case. He agreed he had arrested Mr Murphy after pub closing hours, but said he did not remember any discussion about Mr Murphy consuming drink.