The trial of former senior Provisional IRA officer Brendan ‘Bik’ McFarlane for the kidnapping of supermarket executive Don Tidey has collapsed.
The Special Criminal Court ruled this morning that admissions allegedly made to gardaí by Mr McFarlane following his arrest in 1998 should not be admitted as evidence.
Counsel for the prosecution Fergal Foley said this afternoon he had been directed by the Director of Public Prosecutions to inform the court that the State was not submitting any further evidence.
Following a short recess, Mr McFarlane was dismissed.
Mr McFarlane was arrested outside Dundalk and charged in January 1998
Mr McFarlane (56), a father of three, of Jamaica Street in Belfast was arrested outside Dundalk and charged in January 1998.
He pleaded not guilty to falsely imprisoning Don Tidey on dates unknown between November 24th and December 16th, 1983.
He also denied possession of a firearm with intent to endanger life at Derrada Wood, Drumcroman, Ballinamore, Co Leitrim between November 25th and December 16th, 1983 and possession of a firearm for an unlawful purpose between the same dates.
Mr Tidey was rescued after 23 days in captivity.
A trainee garda and a member of the Defence Forces were killed in a shoot out with the kidnap gang when Mr Tidey was rescued.
Hugh Hartnett SC submitted to the court yesterday that the alleged admissions made by his client Mr McFarlane after his arrest should not be admitted in evidence.
Mr Hartnett said that retired Detective Superintendent John McElligot told a bail application by Mr McFarlane in January 1998 was that the main evidence against him was based on fingerprints.
It was alleged that Mr McFarlane's fingerprints were found on a milk carton, carton, plastic container and cooking pot found at the IRA gang's hideout.
Mr Hartnett argued that Mr McElligot made no reference during his submission to alleged admissions made by Mr McFarlane. “At no stage did he ever make the case that there was an admission,” he said.
Giving evidence during the trial, Mr McFarlane accused Garda detectives of making up the admissions, while Mr Hartnett claimed some of the officers involved in questioning his client had been criticised in past cases for their interviewing techniques.
Mr Justice Paul Butler, presiding at the three-judge court, said this morning doubt had been cast over the existence of the statements. He also noted problems with the recording of interviews and the fact that McFarlane had refused to answer any questions on the advice of his solicitor.
"Having considered all of the evidence we are satisfied that there is doubt and we must give the accused the benefit of that doubt and exclude the admissions," he said this morning.
This afternoon, in dismissing the case against Mr McFarlane, Mr Justice Butler described the kidnapping ordeal suffered by Mr Tidey as “horrendous”.
"Even after a quarter of a century has passed, it is obvious from the evidence of Mr Don Tidey and the appearance of the families of recruit Garda Gary Sheehan and Private Patrick Kelly that all have been greatly affected and the court acknowledges that," Mr Justice Butler said.
Speaking to reporters outside the Special Criminal Court, Mr McFarlane said he wanted to put the trial behind him and get on with his life.
"Firstly, I'm very, very relieved that this has been brought to an end. It's been a long ten years and it's been an extremely difficult period for myself and my family.
"What I want to say is that I am very, very grateful to the excellent legal team that I've had here. They've worked arduously over the last ten years to bring about the result that has been given here today and I'm extremely grateful to them for the work that they've put in," he said.
"What I want to do now is put this behind me and move on, go back home and get on with life with my family."
When asked if he had any comment to make to Mr Tidey or the families of the two dead men, Mr McFarlane, who was accompanied by Sinn Féin TD for Louth Arthur Morgan, refused to comment.
"I think I've said enough. We're glad that we're at the end of this case and that it has been a very, very long period of time over the last ten years and certainly I just want to be able to get home and get on with life."
Mr Tidey was not in court this afternoon.
