The trial of three men accused of having explosives was abandoned at the Special Criminal Court yesterday after a legal challenge.
Their lawyers had applied to the court on Tuesday to discharge itself from continuing the trial because of an adjournment due to the illness of Judge Thomas Ballagh, one of three judges on the bench.
The trial had been adjourned on April 13th last, after 22 days of hearing evidence. It was due to resume last Tuesday.
The court had heard that gardai found 33 bags of fertiliser at a disused fish shop in Howth, Molly Malone's, and another bag of fertiliser at an unoccupied house in Bettystown, Co Meath.
Mr Eamonn Flanagan (44), from Co Tyrone, with an address at The Square, Skerries, and Mr Seamus McLoughlin (68), of Balkill Park, Howth had 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, Co Dublin on January 5th last year.
Mr Joseph Dillon (54), of Greenlawns, Skerries, who is public relations officer for the 32-County Sovereignty Movement, had 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, Co Meath on January 5th last year.
Yesterday Mr Justice Morris, presiding, said that the court regarded as "of paramount importance" a statement by each of the defence counsel that their ability to defend their clients had been "hampered and diminished" by the lengthy adjournment.
The judge said counsel had declared that the adjournment had affected their recollection of evidence and the demeanour of witnesses, and that in those circumstances the defence would be at a disadvantage.
The court considered that there was no way of relieving this disadvantage other than by stopping the trial and fixing a date for a new trial.
The three men were remanded on continuing bail of £15,000 each until January 21st next year, when the case will be mentioned again.