A Northern Ireland man went on trial in Dublin today accused of having information relating to an RUC superintendent which could be useful to a terrorist organisation.
It is only the second time that legislation brought in after the Omagh bombing in 1998 has been used at a court in the State.
Mr Gerald Anthony McFadden, 31, of Rathlin Gardens, Creggan, Derry, pleaded not guilty to a charge that on Easter Sunday night, April 15th, at Glebe, Donegal Town, he had information relating to Superintendent Peter Sheridan of the RUC, including information on his family and his movements, that was likely to be useful to members of an illegal organisation in the commission of a serious offence.
In evidence, Supt Sheridan was shown a piece of paper allegedly found "tightly wrapped" in a wallet in Mr McFadden's back pocket.
Supt Sheridan told the court that all the details on the document were relevant to himself and his family. He confirmed that the details on the piece of paper were correct.
Earlier, Garda Ignatius McCready of the traffic corps based in Donegal town, told the court that he stopped a silver Vauxhall car at a traffic checkpoint on the main Ballyshannon to Donegal town road just after 11 p.m. on Easter Sunday night.
He said he spoke to the driver who was the accused man and noticed his eyes were bleary and there was a strong smell of mint from his breath.
He asked Mr McFadden to get out of the car and asked him to breathe into an alcometer. The alcometer gave a "fail" reading indicating that Mr McFadden was over the legal limit for driving and a second test gave the same reading.
Garda McCready arrested Mr McFadden for drink-driving under the Road Traffic Acts and took him to Donegal Town Garda Station. He said he saw Garda Paul McHugh, the member in charge, going through a wallet on a table where Mr McFadden was seated.
He noticed that Garda McHugh picked up a small piece of yellow paper which was tightly wrapped up and as he did this Mr McFadden lunged forward from his seat a couple of times and tried to get the piece of paper.
Garda McCready said Garda McHugh then showed him the piece of paper and Mr McFadden got up from his seat and made another attempt to get the paper but he failed. Mr McFadden then sat down again.
The paper contained details about Supt Sheridan.
Mr McFadden's counsel Mr Anthony Sammon SC told the court that he would be challenging the legality of the initial arrest, subsequent detention and the search and seizure of the piece of paper.
The trial was adjourned until tomorrow.
PA