The Special Criminal Court was told today it would be "incapable" of reaching an objective decision in the trial of a farmer accused of "Real IRA" membership if it relied on the evidence of a senior Garda.
Defence counsel Mr Michael O’Higgins SC put it to the court that the evidence of the Chief Supt, who has claimed he knew the accused personally for years and believed him to be a member of the ‘Real IRA’ on October 3rd last year, was merely opinion and therefore "light evidence".
He said his client, Mr Liam Campbell, had given sworn testimony he was not a member of the Real IRA and that "nothing in the cross examination has displaced that evidence". Mr O’Higgins urged the court to give more weight to this "tangible evidence".
It was the seventh day of the trial of Mr Campbell (38) of Upper Faughart, Dundalk, Co Louth, who has pleaded not guilty to being a member of an unlawful organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA, on October 3rd last year.
Mr O’Higgins, in his closing submission to the court, also said the credibility of the Garda Chief Supt’s testimony was in question because in the course of cross examination by defence counsel, the witness had said he "honestly didn’t know" if there was a difference between the Real IRA and the IRA.
Mr O’Higgins put it to the court that the Garda Chief Supt was "out of step" if he didn’t know there was a difference between the two groups.
"If he doesn’t know they’re separate organisations, he’s not a man who is said to be well versed," he said.
Mr O’Higgins also defended Mr Campbell’s decision to remain silent during a number of Garda interviews despite being advised that the privilege had been removed.
He said his client had "in a textbook way" the right to remain silent, as he had repeatedly told the court he was confused and thought he still had the right.
A verdict is expected at the Special Criminal Court tomorrow afternoon.