The trial of three men accused of explosives charges collapsed at the Special Criminal Court in Dublin yesterday after the prosecution decided not to proceed.
Mr Patrick McCarthy SC, prosecuting, told the court that the Director of Public Prosecutions was entering a nolle prosequi on all the charges against the men.
The court discharged the three accused and said it would hear submissions next Tuesday on defence applications to enter a not guilty verdict in the case.
Mr Justice O'Donovan, presiding, warned the media not to speculate on the reasons for the DPP's decision to enter a nolle prosequi.
The DPP's decision came on the eighth day of the retrial of the three men who were arrested after gardai discovered what the prosecution claimed were explosive substances at Howth and a house in Bettystown, Co Meath.
Mr Joseph Dillon (55), of Greenlawns, Skerries, Co Dublin, had pleaded not guilty to possession of an explosive substance with intent to endanger life or to enable another person to do so at Golflinks Road, Bettystown, Co Meath, on January 5th, 1998. He also denied having an explosive substance in suspicious circumstances on the same date.
Mr Eamonn Flanagan (45), a native of Co Tyrone, with an address at The Square, Skerries and Mr Seamus McLoughlin (69), of Balkill Park, Howth, Co Dublin, denied possession of an explosive substance with intent to endanger life or to enable another to do so at West Pier, Howth, on January 5th, 1998. They also deny having an explosive substance in suspicious circumstances on the same date.
The men originally went on trial in February 1999 but the trial was aborted due to the illness and subsequent death of Judge Thomas Ballagh and a retrial was ordered.
On Thursday Mr McCarthy said he needed to take instructions from the DPP following the court's ruling that coded numbers referring to members of the Garda National Surveillance Unit should be made available to the defence.
Det Supt Philip Kelly of the Crime and Security Branch had claimed privilege in relation to the numbers and said that making them public would remove the cover from his unit and inhibit future investigations.