Judges at the Special Criminal Court trial of a man accused of smuggling an “IRA communiqué” from Portlaoise prison have ruled that his search and arrest were lawful.
The defence had submitted that a detective’s suspicion that Brian Kenna (54) was to be “engaged in IRA activities” was insufficiently to stop and search the man.
Mr Kenna, with an address at Crumlin Park, Crumlin, Dublin, has pleaded not guilty to membership of an unlawful organisation within the State, namely Óglaigh na hÉireann, otherwise the Irish Republican Army, otherwise the IRA, on November 21st, 2015.
Previously the court heard that a detective was searching the accused man outside Portlaoise prison when an “IRA communiqué” fell from the man’s pocket.
Mr Justice Tony Hunt, presiding at the three-judge non-jury court, on Thursday said the court was satisfied that Det Sgt Padraig Boyce had reasonable suspicion to justify his actions.
He said the court was satisfied that Det Sgt Boyce possessed enough information to search Mr Kenna, and that he had formed an independent view that the man was a member of the IRA.
Siobhán Stack SC, defending, then challenged the legality of the detective’s decision to search Mr Kenna’s car. The court will rule on that application on Friday.
The trial continues.