The fingerprints of two men accused of membership of the IRA were identified on documents found in a bag, which also contained 169 rounds of ammunition, the Special Criminal Court heard today.
Three men from Cork and two from Limerick pleaded not guilty to membership of an illegal organisation, after their arrest on December 15th, 2003.
The fingerprints of Mr Aidan O'Driscoll (25), of Glenheights Park, Ballyvolane, Cork and Mr John Murphy (25), of Ashburton House, Kilbarry, Old Mallow Road, Cork were located on documents in the bag which had been found two years prior to their arrest.
The court heard that Mr Joseph O'Sullivan was driving home in the north Cork area on the evening of December 13th, 2001 when he spotted a bag in the middle of the road. He picked up the bag, pulled over to a nearby cemetery and examined its contents.
"There was an internal black plastic bag in the rucksack. It appeared to have ammunition and documentation in it," Mr O'Sullivan said.
He then drove the three miles home and brought the bag with him. "I showed my wife what was in it and I rang the police immediately," he said.
Sergeant Mary Kelly, then Garda Kelly, arrived at Mr O'Sullivan's house. "The rucksack had a large number of bullets in it and a bundle of papers," she said.
The bundle of papers contained documentation including a 99-page Book of Evidence relating to an IRA membership charge, a 1999 edition of Oglaigh na hEireann General Orders, a 23-page document entitled "Forensics", a 26-page document entitled "Arrest and Interrogation" and four loose leaf pages relating to house raids by gardaí.
Detective Garda Raymond Kane of the Garda Technical Bureau examined the contents for fingerprints and compared these to the fingerprints of the accused.
He identified 16 finger marks to Mr O'Driscoll and the prints of Mr Murphy were found on the "Arrest and Interrogation" and the General Orders documentation.
"No marks were developed on the ammunition," he told the court.
The court heard that a number of fingerprints were identified to people not before the court.
Assistant Garda Commissioner Jerry Kelly has told the court that he believed Ciaran O' Dwyer and Ultan Larkin were members of an unlawful organisation on December 15th, 2003. He said his belief was based on confidential information available to him prior to December 15th, 2003.
Detective Chief Superintendent Michael Mc Andrew said he believed on the basis of confidential information that Murphy, Varian and O'Driscoll were each members of an unlawful organisation on December 15th, 2003.
The trial will continue tomorrow.