MAN IS FOUND GUILTY OF BEING IN IRA AT SPECIAL CRIMINAL COURT

SECOND SLIGO MAN IS ALSO DUE FOR SENTENCING AT SCC

A 37-year-old man who was found guilty of being a member of the IRA will be sentenced next Friday at the Special Criminal Court in Dublin.

Friday will also see the sentencing of another Sligo man arising from an incident over two years ago when Gardaí stopped a car the men were travelling in and subsequently found an “inert” training mortar in a bag.

Julian Flohr (37), with an address at Rusheen Ard, Caltragh in Sligo, was found guilty last Friday of membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on August 14, 2016.

The three-judge court entered a not guilty plea on Flohr’s behalf, as he had made no reply when the membership charge was put to him at the start of his trial last November.

Evidence was given at trial that Flohr and his former co-accused Damhan McFadden were travelling in a car from which gardai recovered an “inert” training mortar inside a “Spiderman” themed backpack.

Garda Eamonn McDonnell of the Sligo/Leitrim Divisional Drugs Unit gave evidence in the trial that he and his colleague Gda Ciaran Staid were on duty in the Dromahair area of Co Leitrim around 10.30pm on August 14.

They were heading towards Manorhamilton when they observed a black Saab car belonging to McFadden in the area which they found “unusual”.

Gda McDonnell testified that he got out of the patrol car and spoke to McFadden who was in the driver’s seat and Flohr who was in the passenger seat.

The witness said he could tell McFadden, who was in the driver’s seat, was nervous and he became suspicious when he observed Flohr put his mobile phone under his leg so he decided to search the car under section 23 of the Misuse of Drugs Act.

However, Gda McDonnell said he found a children’s “Spiderman” themed backpack behind the driver’s seat of the car and when he picked it up he noticed a “large amount of unexpected weight” in it, thinking it was a bar of cannabis or cocaine.

Gda McDonnell said he drove the black Saab car to Manorhamilton Garda Station where he later “touched” the package and realised it was not drugs but may have been a bomb.

Both men were arrested under Section 30 of the Offences Against the State Act for possession of an explosive device and for being a member of an unlawful organisation.

Delivering judgment today, presiding judge Mr Justice Tony Hunt said the prosecution had closed its case by saying that the court should accept the belief evidence given by Detective Superintendent Tom Maguire that Flohr was a member of an unlawful organisation.

The judge said the prosecution also argued that the circumstances concerning this event were capable of supporting this belief evidence.

Mr Justice Hunt said a membership charge must encompass something other than belief evidence which implicates an accused.

The court said it had attached significant weight to Det Supt Maguire’s evidence and it was supported by independent evidence including the time of night, the remote location, the direction the car was travelling in and the purpose of moving a training mortar from one place to another.

Mr Justice Hunt said the court was satisfied that the training mortar was in motion from one point to another on behalf of an unlawful organisation and Flohr was present as a front seat passenger in the car during the journey for that purpose.

“It is clear from the soil found on the mortar that it was buried or concealed in an open location shortly before it was placed in the backpack,” said the judge, adding that both occupants of the car acted nervous and furtively when the car was stopped by gardaí.

He said the court was satisfied beyond a reasonable doubt that the combined weight of the two strands of evidence was sufficient to establish Flohr’s guilt beyond a reasonable doubt.

Mr Justice Hunt, who sat with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded Flohr in custody to next Friday when he will be sentenced.

Damhan McFadden (29), of Kilmacowen, Ballysadare in Sligo, pleaded guilty on November 28 to knowingly rendering assistance to an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann otherwise the IRA by transporting a training mortar in furtherance of an unlawful object within the State on August 14, 2016.

The offence of providing assistance to an unlawful organisation is contrary to section 21A of the Offences Against the State Act, 1939, as amended by section 48 of the Criminal Justice (Terrorist Offences) Act, 2005.

McFadden had originally pleaded not (NOT) guilty at the three-judge court to membership of an unlawful organisation on August 14, 2016 and his trial had been underway since November 15.

However, McFadden pleaded guilty to the new count on November 28 and a “nolle prosequi” was entered on the membership charge which the defendant had originally been charged with.

At Friday’s brief sentence hearing Detective Inspector Raymond Mulderrig summarised the facts of the case and told prosecuting counsel Fiona Murphy SC that McFadden had no previous convictions.

Under cross-examination, Det Insp Mulderrig told Mark Mulholland QC, defending McFadden, that he had honoured all the terms and conditions of his bail and gardai found him to be “very pleasant”.

Mr Justice Hunt interjected and said that McFadden had recognised the court on all occasions which was a “good start”.

Mr Mulholland asked the court to take into account that his client has had no links with dissident republicans since August 2016, he was in full-time employment and had two young children.

In his submissions, the barrister said that his client had offered a plea to this offence at the outset of the trial which the judge said today was an established point in his favour.

Mr Mulholland asked the court to take into consideration that McFadden’s role was limited to transportation and it would appear to have been for no more than a short period of time.

“It was an inert device so whatever the purpose may have been in the future was beyond any role to be performed by Mr McFadden.

He found himself in circumstances, being on a dark road, where he should not have been,” said the lawyer. Counsel said McFadden was young, had huge potential as well as a lot going for him.

The court heard he had lost a managerial position and had set out to remedy this by undertaking courses.

Mr Mulholland said his client realised the error of his ways and would give a sworn undertaking to the court to disassociate himself with republican activities and unlawful organisations.

The barrister asked the court to give him an opportunity by way of a “long period of a suspended sentence”. McFadden was remanded on continuing bail until next Friday, when he will be sentenced.