A Garda chief superintendent told the Special Criminal Court yesterday that he believed Mr Michael McKevitt, who is on trial for directing terrorism, was a member of an illegal organisation.
The trial continued in Mr McKevitt's absence yesterday after he refused to leave his cell in the courthouse for the hearing.
Chief Supt Michael Finnegan said he had known Mr McKevitt since 1985 and believed he was a member of the IRA between August 1999 and March 2001.
The officer said his opinion was not based on the evidence of the FBI agent Mr David Rupert or any statement made by him.
Mr McKevitt sacked his legal team on Thursday, and the court ordered that the trial should continue and refused Mr McKevitt's request to absent himself from the trial. However, yesterday, when the trial resumed, a prison officer gave evidence that Mr McKevitt was refusing to come up from the cells to the courtroom.
Mr Laurence Hogan told the court: "He has just informed me as the officer in charge of the escort that he is refusing to come up voluntarily to court." Mr Justice Johnson, presiding, then told the prison officer to go back to Mr McKevitt and inform him that the court had directed that he come to court.
The judge told the prison officer: "Under no circumstances use any force if he doesn't wish to come up."
Mr Justice Johnson said that, having heard the evidence of Mr Hogan and having heard Mr McKevitt on two occasions, the court was satisfied beyond all reasonable doubt that Mr McKevitt has "intelligently, voluntarily and unequivocally decided to refuse to come into the court despite all diligent efforts".
The trial continues on Monday.