The Special Criminal Court ruled yesterday that coded numbers referring to members of the Garda National Surveillance Unit should be disclosed to the defence in the trial of three men charged with explosives offences. The coded numbers are contained in Garda intelligence reports relating to a surveillance operation in north Co Dublin in January 1998.
Det Supt Philip Kelly of the Crime and Security Branch had claimed privilege for the coded numbers and said making them public would remove their cover and inhibit the investigation of crime.
But Mr Justice O'Donovan, presiding, said the accused would not have the capacity to defend themselves unless the numbers were disclosed.
The judge also said there was no evidence that there was any threat to anyone's safety from any of the three accused.
After the court's ruling Mr Patrick McCarthy SC, prosecuting, said he would have to seek instructions from the DPP and the gardai following the ruling.
It was the sixth day of the trial of three men arrested after gardai discovered explosive substances at a fish shop in Howth and at a house at Bettystown, Co Meath. The prosecution has claimed the men co-operated in the movement of the explosives from the house to the fish shop.
Mr Joseph Dillon (55), of Skerries, has pleaded not guilty to possession of an explosive substance with intent to endanger life on January 5th, 1998. He also denies having an explosive substance in suspicious circumstances.
Mr Eamonn Flanagan (45), of Skerries, and Mr Seamus McLoughlin (69), of Howth, deny possession of an explosive substance.
Giving evidence on the issue of privilege, Det Supt Kelly said the background to the surveillance operation was that there was a break-up of an illegal organisation, and another one was being formed. Part of his duties were the investigation of who members of this new illegal organisation were.
The trial continues.