A Co Wexford man yesterday lost his appeal against his conviction for IRA membership.
The Court of Criminal Appeal rejected Thomas Redmond's appeal against his conviction by the Special Criminal Court in May 2002 on a charge of membership of the IRA in October 1999. Redmond was jailed for four years.
The appeal centred on a challenge by Redmond, with an address at Clonard, Wexford, to the admissibility of evidence from a chief superintendent to the effect that he believed Redmond to be a member of the IRA on October 1st, 1999.
Dismissing the appeal, the Chief Justice, Mr Justice Keane, sitting with Mr Justice Lavan and Mr Justice Murphy, said counsel for the DPP had accepted that other evidence related to material seized from Redmond's home and other premises by gardaí would not itself have supported the membership charge.
He said Section 30 of the Offences Against the State Act, 1939, allowed a court to accept as evidence of membership of an unlawful organisation a statement from a chief superintendent that he believed a person to be a member of an unlawful organisation.
Evidence of belief was given in Redmond's case and the Special Criminal Court had concluded, while finding there were contradictions in what was said by the superintendent, that he had given truthful evidence.