The Special Criminal Court today rejected defence claims that the arrest of a Co Cork chef accused of IRA membership was unlawful.
Mr Justice Paul Butler, presiding at the three-judge court, ruled against the defence who claimed the ten-minute gap from the time the accused was stopped to his arrest amounted to an 'unlawful detention'.
"The accused was not detained before his arrest," Mr Justice Butler said, adding that while he was discouraged from leaving the car, he was free to do so.
The accused, Don Bullman (32), of Fernwood Crescent, Leghanamore, Wilton, Co Cork has denied membership of the IRA on February 16th, 2005.
The court accepted evidence given by arresting officer Det Sgt Rory Corcoran who said he used this time to establish the identity of the men he had stopped before making any arrest.
Mr Conor Devally SC, defending, had also claimed any questions put to him during this interval were illegal because arresting Gardai had not cautioned the accused.
The court reserved its ruling on this issue.