An IRA membership charge against Adrian Crevan Mackin who murdered garda Tony Golden earlier this month was struck out at the Special Criminal Court in Dublin on Tuesday.
Prosecution solicitor Michael O’ Donovan told the three judge court that his instructions were that “the matter be withdrawn and the single charge struck out”.
Mackin (25), of Mullach Alainn, Omeath, shot dead Garda Golden and seriously injured his partner Siobhan Phillips at the family home in Omeath, Co Louth, before killing himself.
He was charged in January with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on January 16th.
He was granted bail on his own bond of €100 and an independent surety of €5,000 on January 27th and had been complying with his bail terms when he murdered Garda Golden.
Mr Justice Paul Butler, presiding , said that it had occurred to him that the deceased person would not be in a position to defend himself against any allegations of breach of his bail.
His counsel Mr Tony Mc Gillicuddy BL said that the parties would discuss the question of the bail and the matter was put in for mention again on November 5th.