A large part of State's evidence against seven men accused of being members of the Continuity IRA is not admissible, the Special Criminal Court in Limerick ruled today.
The court ruled that photos, fingerprints and interviews taken from the seven men after their arrest on December 17th, 2001 are inadmissible under the Offences Against the State (Amendment) Act of 1998, following submissions form counsel for the defence.
Mr Justice Paul Butler, ruled that because the men had been arrested prior to December 17th on suspicion of illegal membership, and released without charge, then a warrant was required for their arrest on the day that led to their eventual prosecution.
He also ruled that the evidence presented by Chief Superintendent Gerard Kelly showed his suspicions were not informed by events surrounding the arrests on December 17th, 2001. Therefore the evidence gathered as a result of the December 17th arrests could not be used.
The ruling came on the 39th day of the biggest trial of dissident republicans in the history of the State.
The seven accused are: Mr Des Long(62), of Shannon Banks, Limerick; Mr Patrick Kenneally (58), of Crusheen, Co Clare; Mr Patrick O'Shea (54) of Sir Harry's Mall, Limerick; Mr Gerard Brommell (43), of Rostura Crescent, Woodview Park, Limerick; Mr Robert Mc Namara (59), of St Michael's Avenue, Tipperary; Mr Joseph Lynch (61), of Beechgrove Avenue, Ballinacurra Weston, Limerick; and Mr Christopher Dunne (28), of Donnellan Buildings, Rosbrien, Limerick.
They have all pleaded not guilty to members of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Oglaigh na hEireann.
Defence counsel has indicated it will make further applications tomorrow.