A LIMERICK man who left the IRA after the murder of Det Garda Jerry McCabe last year was given a three-year suspended sentence for IRA membership at the Special Criminal Court in Dublin yesterday.
John O'Dea (25), a bachelor and builder's labourer, of Barnakyle, Patrickswell, Co Limerick, pleaded not guilty to being a member of the IRA on June 6th last year.
Convicting him of IRA membership, Mr Justice Johnson, presiding, said evidence given by gardai of verbal statements made by the accused, combined with the belief of Chief Supt Michael Fitzgerald, satisfied the court beyond a reasonable doubt that O'Dea was a member of the IRA on June 6th.
The court heard O'Dea had told detectives after his arrest that the murder of Del Garda McCabe had been "the straw that broke the camel's back".
He also told them:"I am getting out. I don't want any more to do with the IRA."
The court heard O'Dea was arrested on June 28th last year in Co Limerick as part of the Garda investigation into the murder of Del Garda McCabe in Adare, Co Limerick, on June 7th.
Del Sgt Dan Haugh told prosecuting counsel, Mr Kenneth Mills SC, he asked O'Dea if he approved of the shooting of Det Garda McCabe and he had replied: "No, it was terrible."
He said he asked him was the killing of Det Garda McCabe "the straw that broke the camel's back" and he replied "yes".
Del Insp John Kerins said O'Dea told him he had had nothing more to do with the IRA since Adare. He also said: "I never thought anyone would be shot."
Chief Supt Fitzgerald said he believed O'Dea was a member of the IRA on June 6th.
After the court convicted him, Pet Insp Kerins said O'Dea was an integral part of the most active IRA active service unit in the south of Ireland".
But he said he was satisfied that O'Dea had disapproved of the murder of Del Garda McCabe and was one of the few members of the IRA to do so.
O'Dea gave an undertaking under oath that he would not associate with subversive organisations.
Mr Justice Johnson said the court had taken into account that O'Dea had no previous convictions and had given an undertaking not to associate with subversives.
The court sentenced him to three years' imprisonment suspended on condition that he be of good behaviour for 10 years.