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Judge refuses to revoke IRA accused's bail
05/10/2005 - 17:01:31

A High Court judge today refused to revoke bail for a Co Louth man facing a charge of IRA membership.

Mr Justice Diarmuid O'Donovan refused the application by the State to revoke bail for Barry O' Brien (aged 33), a father of three, and native of Dundalk, with an address at Oaktate, Stonetown, Carrickmacross, Co Monaghan.

O'Brien is charged with membership of an illegal organisation styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on April 6, 2004.

O'Brien was granted bail by the High Court in May 2004 and one of the conditions was that he must not associate with anyone convicted of or charged with a scheduled offence.

Today Mr Justice O'Donovan heard that gardaĆ­ had observed O'Brien on eight occasions associating with persons convicted of scheduled offences.

Detective Superintendent Jim Sheridan, Dundalk, said that he had a conversation with O' Brien on July 13 last when he told him that he was breaching his bail conditions.

O'Brien's case is due to be mentioned at the Special Criminal Court next January but no date has yet been fixed for his trial.

But Mr Justice O'Donovan said that he would not revoke O'Brien's bail because his trial is not going to go ahead for some time and because he has a presumption of innocence. However he changed O'Brien's bail conditions and ordered that he must not go into Dundalk.

He also ordered O'Brien to sign on daily at Carrickmacross Garda Station instead of Dundalk Garda Station.