A Dublin man was cleared by the Special Criminal Court today of possessing bomb-making equipment at a Clondalkin apartment.

The three-judge, non-jury court accepted a defence submission to have Gareth Byrne (aged 27) of Park Crescent, Kimmage, Dublin 12 acquitted by direction of unlawfully possessing explosive material at an apartment in The Crescent, Park West Pointe, Clondalkin, Dublin 22 on September 9, 2008.

He had pleaded not guilty to the charge.

Enough explosive material to fully construct four pipe bombs was seized when armed gardaí raided the flat in the early hours of September 9, 2008.

Mr Byrne was arrested a short time later in a car park opposite the apartment complex.

Jonathan Kilfeather SC, counsel for Mr Byrne, had argued that there was “not a shed a evidence” linking his client to the apartment in question.

Giving the court's ruling today, Mr Justice Paul Butler, presiding, said the prosecution had failed to establish a case against the young Kimmage man.

It held there was no evidence Mr Byrne had any knowledge of or control over explosive materials found inside the apartment.

Mr Justice Butler said a walkie talkie found in Mr Byrne’s car, the match of which was discovered at the apartment, “merely established he may have been in communication” with someone inside.

Meanwhile, the trial against two other men, accused of possessing bomb-making paraphernalia at the same address, on the same date, is continuing.

Cormac Fitzpatrick (aged 23) of Cathedral Walk, Monaghan, Co Monaghan and Terry McConnell (aged 28) of Tullymore Gardens, Andersontown, Belfast have pleaded not guilty to the charge.

They were arrested by gardaí after they were found in the bathroom of the apartment.

Terry McConnell, a former fruit and vegetable salesman, told the Special Criminal Court today that he had travelled to Dublin on September 8, 2008, to try to organise accommodation for a friend. He said he asked Cormac Fitzpatrick to travel with him.

Mr McConnell said after getting lost en route, they were brought to an apartment where he believed he would meet the man who was helping him to source accommodation. He said that once there, he and Mr Fitzpatrick were instructed to put on Latex gloves. He said they were only in the apartment “for a brief period of time” before the garda raid took place.

His co-accused, Cormac Fitzpatrick, also gave evidence today. He told the Special Criminal Court that he did not recall seeing any material in the living room of the apartment. Mr Fitzpatrick said he was “uneasy and anxious” at being told to put on latex gloves. He said he did so but that in “hindsight it was not a great move”.

The trial continues.