Court to rule next week on validity of man's arrest for IRA membership

The Special Criminal Court will rule next week on an application by the defence challenging the validity of the arrest and subsequent…

The Special Criminal Court will rule next week on an application by the defence challenging the validity of the arrest and subsequent detention of one of five men accused of membership of an unlawful organisation.

Three men from Cork and two from Limerick have denied membership of an illegal organisation.

The five are Ciaran O'Dwyer (50), of Castletroy View, Limerick; John Murphy (25), of Ashburton House, Kilbarry, Old Mallow Road, Cork; Ultan Larkin (34), of The Bungalow, Farranshone, Limerick; Gerard Varian (46), of Bride Valley View, Fairhill, Cork; and Aidan O'Driscoll (25), of Glenheights Park, Ballyvolane, Cork.

They have all pleaded not guilty to membership of an illegal organisation styling itself as Óglaigh na hÉireann, otherwise the Irish Republican Army, otherwise the IRA, on December 15th, 2003.

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Senior counsel Fergal Kavanagh, for Mr Varian, submitted to the court that the arrest and detention of his client was unlawful due to the validity of the warrant for his arrest.

Senior counsel John Edwards, prosecuting, said: "It is my respectful submission that the warrant is valid."

Supt John Quilter, who arrested Mr Varian, showed the accused the warrant. "And he declined to read the warrant," Mr Edwards said.

The court is expected to rule on Tuesday.

The trial continues.