Court rejects challenge by 'Real IRA' accused

Two Dublin men charged with membership of the "Real IRA" have failed in a High Court constitutional challenge to have their custody…

Two Dublin men charged with membership of the "Real IRA" have failed in a High Court constitutional challenge to have their custody overturned.

Mr Martin Kelly (46) of Westpark, Artane, and Mr William Clare (35) from Adare Park, Coolock, threatened to firebomb properties in Dublin and Limerick and injure those inside unless money was paid towards the terror group's coffers, the High Court heard.

Martin Kelly (left) and William Clare being taken from the High Court today after losing an appeal against the legality of their detention.

Detective Superintendent Peter Maguire, of the Special Detective Unit, told Mr Justice Abbott that the Dublin men were "active members of the Continuity IRA".

Mr Kelly, from Artane, and Mr Clare, from Coolock, were arrested on Monday and on Wednesday they were charged at the anti-terrorist Special Criminal Court with membership of an organisation styling itself the IRA.

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They are on remand in Portlaoise high security prison in County Laois. Their barrister, Mr Anthony Sammon SC, said that officers should have sought a warrant from a district court judge before arresting Mr Kelly and Mr Clare because they had been arrested on the same charge two months earlier.

They were therefore being held illegally, he said.

But Mr Justice Abbott said he was satisfied with the evidence of Mr Maguire and both men were being detained in accordance with the law.

Under examination from Mr Micheal O'Higgins, for the State, Mr Maguire said: "It was known that certain members of a branch of the IRA that styles itself the Continuity IRA were involved in a racket in that it was demanding money with menaces.

"These funds were being channelled towards the finances of an unlawful organisation and they were to be used for the purposes of terrorist activities in Northern Ireland."

He said the regular extortion targets were Dublin businessmen and added: "If such money was not paid the particular premises were to be fire-bombed, the persons attacked and those inside hurt, including females."

The men were involved in a similar racket in Limerick, he added.

Both Mr Kelly and Mr Clare were among a group of men arrested in a Limerick hotel in May.

Both were remanded to appear before the Special Criminal Court next Wednesday.