The other courts stories of the day in brief
Trial of man on IRA membership charge can go on
The Special Criminal Court has found that the trial of a Dublin man accused of membership of the IRA can continue despite a challenge to the “belief” evidence of a Garda chief superintendent.
The trial was adjourned on Wednesday after Det Chief Supt Peter Kirwan failed to affirm whether he believed Barry Fitzpatrick (68), Ashlawn Park, Ballybrack, Co Dublin, was a member of the IRA within the State.
The non-jury court found yesterday that the evidence provided by Chief Supt Kirwan corresponded to Section 21 of the Offences Against the State Act.
Mr Justice Paul Butler said that the phrase “within the State” referred to the indictment rather than the statute.
He said the court was satisfied that “nothing should be drawn” from the fact that Chief Supt Kirwan did not use these words when qualifying his belief evidence.
Six years for cannabis charge
A Dublin man who threw €57,000 worth of cannabis from a balcony during a Garda raid has been sentenced to six years at Dublin Circuit Criminal Court.
Gary Shields (23), who was described as “vulnerable”, pleaded guilty to possession of cannabis for sale or supply at Greenwood Drive, Coolock, on October 30th, 2008.
Garda Joseph McBride agreed with Elva Duffy, prosecuting, that as he was serving a warrant he witnessed a box containing 35 bars of cannabis being thrown from the balcony of the apartment where Shields was staying with his partner.
Shields, of Mountainview Drive, Coolock, told gardaí he was paid €500 to hold the €56,952 in resin on behalf of another party, having done so because he was “flat broke”.
Judge Frank O’Donnell noted Shield’s mental issues. He suspended the final two years of the term for five years on strict conditions.
Addict sentenced for botched raid
A Dublin drug addict has received an eight-year sentence with four suspended for a botched supermarket raid in which his accomplice was stabbed to death.
Det Sgt Eddie Carroll revealed that Joseph Rafferty (30) "sacrificed himself" to help with the investigation into Paul Howe's death following the botched raid.
Rafferty went to gardaí after the killing, admitted the robbery and pointed himself out on poor quality CCTV footage of the incident.
"If he hadn't admitted it, I don't think we would have had enough evidence to bring [ the matter] before the court," Det Sgt Carroll told Caroline Biggs SC, defending.
Rafferty, of Russell Place, Russell Square, Tallaght, pleaded guilty at his trial in Dublin Circuit Criminal Court to a €2,862 cash robbery at SuperValu in Killester in October 2008.
Gun case jury sent home for night
A jury in the trial of a Sligo woman accused of transporting a gun for an organised crime gang has been sent home for the night after failing to reach a verdict.
Deirdre Moran (25), of Glengar, Larkhill Road, Sligo, has pleaded not guilty at Dublin Circuit Criminal Court to the possession of a Smith and Wesson .22 long rifle revolver at the Lucan Bypass on the M4 on September 1st, 2009.
Judge Patricia Ryan sent the jury of six men and six women home after they had been deliberating for two hours and 45 minutes and asked them to return this morning to resume their deliberations.