Two Sinn Fein men found guilty of IRA membership

Two Dublin Sinn Féin members have been convicted at the Special Criminal Court on charges of IRA membership.

Two Dublin Sinn Féin members have been convicted at the Special Criminal Court on charges of IRA membership.

The court had heard during an eight-day trial that gardaí found a list of TDs, including three former justice ministers, at the home of the one of the men, Niall Binead.

Niall Binead, also known as Niall Bennett (35), Faughart Road, Crumlin, and Kenneth Donohoe (26), Sundale Avenue, Mountain View, Tallaght, were each convicted of membership of the IRA on October 10th, 2002.

In a departure from previous practice at the non-jury court, the three judges during the trial examined secret Special Branch files on the two accused men after ruling that they were entitled to review some of the documentation which a Garda chief superintendent asserted was the basis for his opinion that they were IRA members.

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The two men were remanded in custody for sentencing on November 30th.

Mr Justice O'Donovan, presiding, said yesterday the court was persuaded beyond any doubt by the evidence of Det Chief Supt Philip Kelly, the head of the Special Detective Unit, that each of the accused was a member of the IRA.

"Indeed it is difficult to envisage that any other person in the country could be better informed than is Chief Supt Kelly in that regard," the judge said.

However, he said, the court would not convict the men solely on the chief superintendent's evidence and before it would convict either of them, there should be evidence "which supports or corroborates the belief evidence of Chief Supt Kelly."

Mr Justice O'Donovan said that documentation found during searches of their homes, when taken in conjunction with the chief superintendent's evidence, the fact that they had refused to answer material questions when interviewed by gardaí and activities at Corke Abbey, Bray, on October 10th, 2002, was supportive that each of them was an IRA member.

The court was told that the two men were arrested after gardaí arrested five others following suspicious activity around three vehicles in Corke Abbey on that date.

Inside a van, gardaí found four men, as well as a sledgehammer, two pickaxe handles, eight bags of ties, radios, a black balaclava, rubber gloves and a yellow fluorescent jacket with the word "Garda" on it.

In a Nissan car with false number plates they found a blue flashing beacon, a Long Kesh cap, a stun gun, a canister of CS gas and a roll of black tape.