A Monaghan man who was using his land and land belonging to his mother-in-law for dissident activity has been convicted of IRA membership by the Special Criminal Court.
Jim Smyth (44), with an address at Aghalissabeagh, Scotstown, Co Monaghan, had pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015.
During his trial, the three-judge, non-jury court heard evidence from Chief Supt Christopher Mangan, who said it was his belief Smyth was an IRA member on the date in question.
He claimed privilege on the sources of the information on which his belief was based.
Supporting evidence for Chief Supt Mangan’s belief was that in November 2015 Det Chief Supt Tom Maguire, of the Special Detective Unit, convened a meeting in Monaghan Garda station on the day of the offence.
He said he informed the other officers that Smyth was using his land and land belonging to his mother-in-law at Knockatallon, Co Monaghan, for IRA activities.
The court heard that after the meeting gardaí from the Special Detective and Crime and Security Units went to land around two derelict houses at Knockatallon to carry out a search
IRA activity
Det Sgt Gerard O’Doherty gave evidence in the trial and told the court that, at the meeting, he had been informed the lands at Knockatallon were being used for IRA activity and Smyth was “instrumental” in that activity.
The detective said that at 8.30pm, at Knockatallon, he made his way toward derelict houses at the top of a laneway. He said that it was “wet underfoot”, “very boggy” and “pitch black”.
The court heard that the detective was informed at 9pm that a man was making his way up the laneway.
The detective said he confronted him at the entrance to the derelict houses, before drawing his official firearm and illuminating the man with the light on his gun. Det Sgt O’Doherty said that the man gave his name as Jim Smyth.
The court previously heard that memos of Garda interviews were conducted with Smyth under section 2 of the Offences Against the State Act. The section allows a court to draw inferences from a suspected person’s failure or refusal to answer questions regarding alleged IRA membership.
With regard to certain questions, Smyth said he was not a member of the IRA but with regard to specific items found after the arrest he declined to answer.
‘Belief’ evidence
Delivering judgment on Thursday at the three-judge, non-jury court, Ms Justice Isobel Kennedy, presiding, said the court had relied on five parts of the evidence which included the “belief” evidence given by Chief Supt Mangan and the evidence from the Garda interviews.
Ms Justice Kennedy said Chief Supt Mangan was a superior officer and he gave his evidence in a “stringent and straight-forward manner”.
The judge said the court accepted Chief Supt Mangan’s evidence beyond a reasonable doubt concerning Smyth being a member of an unlawful organisation.
Regarding the Garda interviews, the court said they were satisfied beyond a reasonable doubt that Smyth failed to answer “numerous questions in many instances” and therefore they were entitled to draw inferences from his failure to answer such material questions.
“We have no doubt the man understood the questions being asked to him and he understood the consequences of not answering them,” said the judge.
Giving the court’s verdict today, Ms Justice Kennedy said it was satisfied Smyth was guilty of IRA membership. Smyth was remanded in custody until June 19th when he will be sentenced.