No bail for alleged gun-runners

Bail applications by three Irish persons accused of conspiracy to send guns to Ireland for the IRA were turned down by the judge…

Bail applications by three Irish persons accused of conspiracy to send guns to Ireland for the IRA were turned down by the judge in a federal court here.

Judge Barry Selzer ruled that the three were "dangerous" and that there was a risk they would flee the jurisdiction.

The prosecuting attorney, Mr Richard Scruggs, argued strongly that the three were were "committed to a foreign cause, had ties to a foreign cause" and had engaged in activity "to de-stabilise the peace process" in Ireland.

The most dramatic moment came when Mr Scruggs claimed that one of the accused, Mr Conor Anthony Claxton, had told FBI agents after his arrest last Monday that he was "a member of the Irish Republican Army".

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According to the FBI, Mr Claxton said the gun-running was a "weapons procurement operation directed by higher-ups in Ireland" and that he would not have done this "without higher authority".

He allegedly said the weapons would be used against "British troops, the Royal Ulster Constabulary and Protestant paramilitary groups". He said the IRA was his "job".

Mr Scraggs also said Mr Claxton had claimed the peace process in Northern Ireland had "failed", hence this effort to "rearm the IRA".

However, Mr Abe Bailey, the lawyer for Mr Claxton, later told the judge he should be wary of the FBI agents' claims of what Mr Claxton told them. There was no tape recording of the interview and his client had told him that "suggestions were made to me and I might have nodded my head".

Mr Bailey said Mr Claxton had not signed a statement and these claims were "stretches", but he did not deny them outright. Mr Bailey also accepted Mr Claxton had travelled to the USA with a false passport in the name of David Sangster.

Mr Scruggs, who was opposing bail for all three on behalf of the US District Attorney, also said that when a second defendant, Ms Siobhan Browne, was questioned after her arrest, she said she knew Mr Claxton was "affiliated to the Irish Republican Army".

Speaking to reporters outside the court, Mr Scruggs was adamant that Mr Claxton was linked to the Provisional IRA, making it clear it was not a question of the breakaway groups.

Ms Kate Bonner, lawyer for Ms Browne, asked for any evidence that her client had "ties to any political organisation", but Mr Scruggs objected saying that this was not relevant to the hearing.

Evidence was given that the third defendant, Mr Anthony Smyth, originally from Belfast, made no statement after his arrest with Ms Browne at his apartment in an affluent suburb of Fort Lauderdale.

The three were dressed in a khaki prison uniform with short sleeves. Mr Smyth, a heavily-built man with black hair and a deep tan, looked frequently towards the public gallery as if seeking someone.

Ms Browne, who has red hair cut short, and described as "born in Cork", looked concerned most of the time but occasionally smiled when her lawyer made a point. Mr Claxton, of small to medium height and wearing glasses, sat apart from the other two and conferred with his lawyer from time to time.

Four artists were busy in court sketching the defendants. TV cameras are not allowed in federal courts in the US.

Mr Scruggs in his statement said all three had flights booked to Ireland. Ms Browne and Mr Smyth for August 4th and Mr Claxton for the day before. Mr Claxton faces up to 105 years in prison for using the US Mail for sending guns.

He said that so far the investigation by the US, British and Irish police had shown more than 50 weapons were involved. Ms Browne had bought at least 18 weapons and Mr Smyth had purchased 35. Mr Claxton had mailed seven packages with 20 guns to Ireland falsely stating that they contained toys, clothes, video equipment and other items. Six guns had reached an address in Ireland where a brother of Mr Claxton and two women had been arrested, Mr Scruggs said.

Defence lawyers pointed out that the guns appeared to have been purchased legally by Ms Browne and Mr Smyth, who had no apparent role in the mailing of them to Ireland. But Mr Scruggs said a number of the guns recovered in Ireland or intercepted in Britain had been traced back to purchases by the two defendants.

Mr Scruggs also emphasised widespread efforts by Ms Browne, who has US nationality, to conceal her real identity and where she lived. She had two passports with different names, two social security cards and two drivers' licences. She frequently gave post-box addresses for transactions.

Her lawyer said that she sometimes used her married name on documents and sometimes her single name and that her Irish name, Siobhan, may have caused confusion at times. The lawyer also said Ms Browne had a return ticket to the USA for her planned flight to Ireland next month.

Ms Browne had worked as a stockbroker in Fort Lauderdale until about five months ago when she gave up the job, saying that she had inherited a fortune in Ireland. It was around this time that she began purchasing guns from dealers and at gun shows.

Mr Smyth has been living in the Fort Lauderdale area for about 11 years and has worked as a wholesale car broker, but in recent months has had no earnings, the court was told. He has Irish and British passports.

The three now face indictment by a grand jury at some time in the future. Their trial proper may not be held for at least six months.