A deliberate decision was made to breach Garda regulations regarding the rights of three Armagh men at Monaghan Garda station, according to a High Court judge at the Special Criminal Court yesterday.
Addressing Mr George Birmingham SC, prosecuting, during the trial of three men accused of membership of the "Real IRA", Mr Justice Paul Butler said one Garda witness had deliberately breached the regulation by denying two requests to call the families of the accused while they were in custody in November 2002. "I wouldn't call it a lack of diligence that the solicitor wasn't phoned for an hour and 10 minutes. I'd call it deliberate," the judge said.
The accused are Mr Cathal Loughran (27), of Clady, Mr Dominic Dynes (32), of Keady, and Mr Aidan Grew (47), of Blackwatertown, all Co Armagh. They have pleaded not guilty to membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on November 8th, 2002.
Cross-examined by Ms Deirdre Murphy SC, defence counsel for Mr Grew, Garda Derek Butler admitted that Mr Grew requested a solicitor at 6.52 p.m. but that no attempt was made to contact one until 8.02 p.m.
"Why did you wait more than a full hour to attempt to contact a solicitor?" asked Ms Murphy.
"It was as soon as I could do it," replied Garda Butler, who was in charge of the prisoners at Monaghan Garda station that night. He agreed with Ms Murphy that calling a solicitor for Mr Grew should have taken priority.