Defence counsel for four men accused of having explosives last year have challenged the validity of search warrants issued by a Garda chief superintendent. Det Chief Supt Basil Walsh told the Special Criminal Court he issued search warrants for Molly Malone's, a disused fish shop at Howth, Co Dublin, and a house at Bettystown, Co Meath, at 2 p.m. on January 7th, 1998.
He issued the warrants after he was told by Det Insp Pat Hogan that he believed there were explosive substances in bags which were seen being carried into Molly Malone's.
Mr John Phelan SC, for one of the defendants, Mr Joseph Dillon, challenged the validity of the warrants. He was supported in his challenge by counsel for the other defendants.
The court has been told that gardai found 33 bags of fertiliser which the prosecution has claimed was intended for use in an explosives mixture.
Mr Eamonn Flanagan (42), of The Square, Skerries; Mr Seamus McLoughlin (66), of Balkill Park, Howth, and Mr Michael Blount (48), of Bath Road, Balbriggan, have pleaded not guilty to possession of an explosive substance with intent to endanger life or to enable another person to do so at West Pier, Howth, on January 5th, 1998.
Mr Joseph Dillon (52), who is public relations officer for the 32-County Sovereignty Movement, of Greenlawns, Skerries, has pleaded not guilty to possession of an explosive substance with intent to endanger life or to enable another person to do so at Windswept, Golf Links Road, Bettystown, on January 5th, 1998.
Mr Phelan submitted that Det Chief Supt Walsh had made no further inquiries to satisfy himself that the information he had received from Det Insp Hogan was correct and that the substance which was brought into Molly Malone's was an explosive substance. Mr Anthony Sammon SC, for Mr McLoughlin, challenged the validity of later search warrants issued by Det Chief Supt Walsh at 8 p.m. on January 7th, 1998, relating to the houses of the four defendants. He said there were no sufficient grounds for the officer to believe that an offence was being committed at his client's house.
The challenge to the validity of the warrants was supported by Mr P.J. McCarthy SC, for Mr Flanagan, and Mr Hugh Hartnett SC, for Mr Blount. The court will hear further submissions today.