An alleged member of the Real IRA in Limerick was today acquitted on firearms and ammunition offences after the Special Criminal Court in Dublin said it could not convict on mere suspicion.
However, the State immediately proceeded with an additional charge against the accused, Mr Brian Murphy, of membership of an unlawful organisation, styling itself the IRA.
Mr Murphy (35) of Ardshan, Bally, Adare, Co Limerick had denied two counts of unlawful possession of a .303 Lee Enfield rifle and 24 rounds of ammunition at Cloughnadromin, Boher, Limerick on April 24th, 2003.
Clearing the accused, Mr Justice Paul Butler, presiding, said the court accepted that the firearm, a 1918 British Army issue rifle, was found in suspicious circumstances in a car owned and driven by Mr Murphy.
The court had heard that armed gardai, acting on confidential information, stopped the car on the Tipperary/Limerick Road and found the gun in the boot wrapped in a yellow fertilizer bag.
The court pointed out that the gun "was wrapped up and there is no forensic evidence linking the firearm", the covering or the sand found in the passenger seat to Mr Murphy.
Referring to garda witnesses who testified that they believed it to be a firearm before unwrapping it, Mr Justice Butler said this was because of their experience. The court was not satisfied that the accused could have known what the wrapping contained and "the court cannot go on suspicion."
The case against the accused on the ammunition charge was even less sustainable because the bullets were recovered from the pocket of his co-accused Mr Shane O'Sullivan, the judge said.
Yesterday, the court jailed Mr O'Sullivan (35) of Sycamore Avenue Rathbane, Limerick for five years after he pleaded guilty to unlawful possession of the .303 rifle and 24 rounds of ammunition.
On acquittal, Mr Murphy was immediately arraigned on an additional charge of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Óglaigh na hÉireann on April 24th, 2003. He pleaded not guilty.
The trial continues tomorrow.