TWO Northern Ireland men arrested at Balbriggan, Co Dublin, last year were cleared of the more serious arms charges against them at the Special Criminal Court in Dublin yesterday.
They were acquitted on the charges of having a large cache off guns and ammunition with intent, to endanger life. However, the two men will be sentenced today on lesser charges of having the 26 guns and 2,500 rounds of ammunition for an unlawful purpose.
Sean Braniff and Anthony Patrick Gorman were among four men arrested after a swoop by Special Branch detectives on a car and van one mile from Balbriggan last April.
The court was told the arms seizure followed a Garda surveillance operation after gardai had received confidential information about arms being moved.
Four men were arrested after armed Special Branch detectives swooped on a car and van which were stopped on the hard shoulder about a mile from Balbriggan in north Co Dublin.
Braniff (42), of Downpatrick, Co Down, with an address at Juniper Court, Twinbrook, Belfast, and Gorman (27), of Dalton Road, Armagh, were cleared of having two FN FAL automatic rifles, two Kalashnikov rifles, two US M3 sub machine guns, 20 Browning pistols and 2,500 rounds of ammunition at Blackhall, Balbriggan, Co Dublin, with intent to endanger life, on April 4th last year.
Following the court's decision to acquit the men of the more serious charges, Braniff was rear reigned and pleaded guilty to having the guns and for an unlawful purpose had admitted those charges at beginning of the trial on Tuesday
Mr Justice Morris said counsel for the two men had for a direction to acquit on, the intent charges on the grounds, there was no evidence to convict them.
He said the court accepted that the guns were wrapped and taped when found by gardai, that they" were heavily greased and not capable of being fired and that there was no ammunition for the rifles, and sub machine guns.
The court also accepted that the men made no effort to resist but attempted to escape when confronted by gardai.
The judge said mere possession of the weapons was not enough to show an intent to endanger life. There must be words, acts or conduct to show the intent, he added.
Det Insp Peter Maguire said Braniff was a married man with four children who had no previous convictions in the Republic. He had a number of road traffic convictions in Northern Ireland, and one conviction in Belfast for false imprisonment in 1991, for which he received a six year sentence.
He said Gorman was married with one child and his wife was, pregnant. He had no previous convictions in the Republic but he had a number of road traffic convictions in Northern Ireland.
Mr Justice Morris remanded the two men in custody for sentencing today.