The Special Criminal Court yesterday turned down an application by lawyers for three men - discharged by the court last week - to record a not-guilty verdict against them on explosives charges.
The men's trial collapsed last Friday after the prosecution said it was not proceeding with the case. Yesterday counsel for the three submitted that the proper order for the court to make was a not-guilty verdict. But the court said there was no precedent or authority for preventing the Director of Public Prosecutions from entering a nolle prosequi in the case and made no further order.
Mr Justice Diarmuid O'Donovan, presiding, warned the media last week not to speculate on the reasons for the DPP's decision to enter a nolle prosequi. The DPP's decision came on the eighth day of the retrial of the three men.
Clarification:
Our reports last Thursday and Friday stated that gardai had discovered explosive substances at Howth, Co Dublin, and Bettystown, Co Meath. In fact, the court heard no evidence that explosive substances were found at either location. The allegation was made by the prosecution but no evidence on the nature of the material found was heard before the trial collapsed.