SIXTEEN men who were freed from three jails in the Republic on the orders of the Minister for Justice, Mrs Owen, appeared before the Special Criminal Court in Dublin yesterday.
The 16 include five Northern Ireland men accused of having guns in Co Donegal last month, four men charged in connection with the discovery of a bomb factory in Co Laois last June, the Brixton prison escaper, Mr Nessan Quinlivan, and a self styled leader of the Scottish National Liberation Army.
New charges were brought against the men after the court was told the Director of Public Prosecutions was bringing substitute charges which were identical to the original charges.
Fifteen of the men were rearrested early in the morning at Portlaoise, Limerick and Mountjoy prisons.
A 16th man, released from Portlaoise yesterday afternoon and immediately rearrested, will be before the court again today.
Mr Edward Comyn SC, counsel for the Attorney General, told the court at the beginning of the 3 1/2 hour hearing some irregularities relating to orders affecting the men had come to light.
He said the irregularities only came to the notice of the Attorney General on Wednesday night and it was the intention of the Attorney to have the orders quashed.
The court then heard evidence relating to the rearrest of the 16 men at different times yesterday at Portlaoise prison, Limerick prison and Mountjoy prison in Dublin.
The court was told gardai rearrested 14 of the men outride the main gate of Portlaoise prison but inside a perimeter fence of the prison and before the men reached the main road outside the jail.
Garda witnesses said that up to 35 gardai were outside the prison gate, as well as a number of prison officers and Army personnel.
One man was rearrested on the footpath outside Limerick prison and another was rearrested at Prison Avenue outside Mountjoy.
The men were remanded in custody until various dates.
The court first heard evidence relating to the rearrest of five Derry men who face arms charges.
They are: Mr Patrick Kavanagh (33), from Chamberlain Street Mr Hugh Wilkinson (44), from Dunmore Gardens; Mr Paul Murray (24), from College Glen; Mr Bernard O'Hagan (35), from Hatmore Park; and Mr Patrick Gerard McCartney (45), from Glenowen Park.
The men were charged with possession of two AKM assault rifles with intent to endanger life at Ballygorman, Malin, Co Donegal, on October 27th, with unlawful possession of the rifles, possession of 190 rounds of ammunition with intent to endanger life and unlawful possession of the ammunition.
The five were also charged with possession of a Projected Recoilless Improvised Grenade launcher and a projectile containing Semtex explosive with intent to endanger life and for an unlawful purpose on the same date.
Det Sgt Tom Crehan, of Portlaoise, who gave evidence of rearresting Mr Kavanagh, said he bead been informed by his superior, Chief Supt Jim Murphy, that Mr Kavanagh was to be, released along with a number of other prisoners.
He said he rearrested Mr Kavanagh outside the main gate of Portlaoise prison under common law.
He told Mr Michael O'Higgins BL, for Mr Kavanagh, that there were approximately 35 gardai outside the prison and a number of prison officers.
Other Garda witnesses gave evidence of rearresting the other four men outside the main gate of Portlaoise prison. All the witnesses said they were informed by Chief Supt Murphy on Wednesday night that the men were to be released from the prison and were to be rearrested outside the jail.
The five Derry men were remanded in custody until November 14th after the charges were read over to them.
Mr Jeremiah Sheehy (36), of Abbey Park, Rathkeale, Co Limerick, and Mr Michael O'Neill (45), of Lisheen Park, Patrickswell, Co Limerick, faced charges resulting from the investigation into the murder of Det Garda Jerry McCabe in Adare, Co Limerick, last June. They were remanded in custody until November 19th.
Mr Sheehy was charged with IRA membership on June 8th and possession of a firearm with intent to endanger life at Adare, Co, Limerick, on June 7th when Det Garda McCabe was shot dead there.
Mr O'Neill was charged with membership of the IRA on June 18th and with possession of a firearm with intent to endanger life at Adare, Co Limerick, on June 7th.
A self styled leader of the Scottish National Liberation Army was charged with having incendiary devices addressed to the Bont, Blair, and the Shadow Scottish Secretary, Mr George Robertson.
Mr Adam Busby (48), a native of Paisley, Scotland, with an address at Upper Gardiner Street, Dublin, was charged that on a date unknown between January 1st, 1995, and March 10th, 1995, he had under his control improvised incendiary devices contained in envelopes addressed to Mr Blair, to Labour Party headquarters at Walworth Road in London, and to Mr George Robertson MP, in Inverness.
He was also charged with sending a message of a menacing character to the Press Association, in Glasgow, to Aberdeen Journals, Aberdeen, to the Daily Record in Glasgow and to the Glasgow Herald in Glasgow on January 5th, 1995.
Mr Busby was remanded in custody until November 19th when his trial is due to go ahead.
Mr Nessan Quinlivan (31), of Knockalisheen Avenue, Ballynanty Beg, Limerick, was charged with falsely imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick city, on August 25th last.
Det Garda Michael McEvoy gave evidence of rearresting Mr Quinlivan outside the main prison gate at Portlaoise prison.
Mr Quinlivan was remanded in custody until November 19th.
Mr Joseph Kavanagh (37), of Benbulben Road, Crumlin, Dublin, faced seven charges connected with the kidnapping of the former National Irish Bank chief executive, Mr Jim Lacey, on November 2nd, 1993.
Det Supt Cormac Gordon said he arrested Mr Kavanagh at Prison Avenue, North Circular Road, Dublin, after Mr Kavanagh was released from Mountjoy prison.
Mr Kavanagh was remanded in custody until November 19th.
Mr Anthony Duncan (26), unemployed, from Kippure Park, Finglas, Dublin, was charged with IRA membership on April 12th last. He was remanded in custody until November 13th.
A former member of Republican Sinn Fein's ardchomhairle, Mr Michael Hegarty (43), a native of Co Clare, with an address at Knockmore Grove, Tallaght, Co Dublin, was charged with unlawful possession of an explosive, substance with intent to endanger life at Longfield, Etra, Carrickmacross, Co Monaghan, on November 10th last year.
Mr Hegarty was remanded in custody until January 14th next year.
Three men rearrested in connection with the discovery of a bomb factory in Co Laois last June were remanded in custody until November 20th.
Mr John Conaty (35), of Balbutcher Park, Ballymun, Dublin, Mr Gabriel Cleary (52), of Friarstown, Tallaght, Co Dublin, and Mr Brian McNally (54), with an address at Knocksinna Park, Foxrock, Co Dublin, were charged with having 16 improvised mortar bombs containing Semtex at Ballyfarrell, Clonaslee, Co Laois, on June 20th last, with intent to endanger life and with unlawful possession of the mortar bombs.
Mr Michael O'Higgins asked the court to seek a direction from the DPP that the original charges which had now been substituted would not be proceeded with.
But Mr Peter Charleton, for the DPP, said the director would have to review the situation in the light of proceedings which may take place in another court.
Mr Justice Barr, presiding, said the court was satisfied that the DPP's attitude was "fair and reasonable" in all circumstances. He had made it clear that he intended to proceed with the new charges but he reserved the right in the light of proceedings elsewhere to review the situation.
A 16th man, Mr Michael Cully (46), of Ballyfarrell, Clonaslee, Co Laois, was brought before the court at the end of the hearing.
Mr Cully was not legally represented in court and he told the court that he had been rearrested only that afternoon. He was charged with possession of explosives with intent to endanger life at Ballyfarrell on June 20th and remanded in custody until today.
Mr Justice Barr, presiding, said the court would hear the evidence of Mr Cully's arrest again today as he did not have the opportunity of having legal advice.