Seized items "may indicate membership of illegal organisation", Garda claims

A Drumraney man who applied to Athlone District Court for the return of over 200 items confiscated by Gardai back in September 2009, including firearms and ammunition, was told at last week's Athlone District Court that the State has one month to clarify and finalise the case on whether charges will be brought or not. Paul Reynolds of Kiltubber, Drumraney, made the application for the return of his possessions seized almost two and half years ago following two searches of his home under the Police Property Act. His solicitor said many of the items were of an innocent nature including medical records, €400 cash and personal letters. "Innocent?" asked Judge Seamus Hughes who asked the solicitor to look at page two of the list before naming in court some of other property held by Gardai. These include a Glock automatic pistol, rifles, shotguns and a variety of ammunition. Accepting the solicitor's argument that there has been a considerable delay in a getting a direction from the DPP on how the case should proceed since the file was first sent back on July 7, 2010, Judge Seamus Hughes asked for a full timeline of the Garda interventions with the DPP. The solicitor added that a number of letters had been sent to the Gardai in relation to the case. After lunch from the witness box, Det Sgt Eamon Curley told the court that as a result of an investigation and subsequent search a number of items were seized on September 5 for analysis from Mr Reynolds home. A follow-up search on March 1 resulted in more items being confiscated, he said, bringing the total to 212 in all. A file was submitted to the DPP on July 7 in 2010 and Gardai met with representatives of the DPP's office on September 22, 2010. Two reminder letters were sent by the Superintendent's office to the Director of Public Prosecutions seeking an update in the case on October 10, 2011 and December 1, 2011. Another was due to be sent next week, he said in evidence. "That's a year after meeting the DPP?" the judge asked, and the detective agreed that was the case, alleging that there were illegal firearms, ammunition and stolen property seized which they believed was serious. When the judge queried what kind of arms were seized. The detective said there were high-powered rifles, handguns, substantial ammunition, some of which didn't match the weapons, and what he alleged were items used for ammunition manufacture. He also listed an antique garda hat, a picture of Michael Collins lying in state, an IRA history, a target practice plate and a survival book as among other property taken by gardai, which he claimed "may indicate membership of an illegal organisation". Judge Seamus Hughes accepted that the file has gathered dust in the DPP's office for well over a year now, and despite Garda reminders being sent there has been no direction. Detective Sgt Curley said he didn't want to comment on that. Instead, he asked for an adjournment of the case for four months. Inspector Aidan Minnock noted that it may take another meeting with the office of the DPP in the light of this application. "The finger needs to be taken out by the DPP," the judge said starkly in reply. The court heard the applicant was a very keen sportsman, involving in hunting with licences to shoot duck and deer. His solicitor added that he had no previous convictions and all of the guns were fully licensed. The solicitor said the case has had a "disastrous effect on his family for two and a half years" with his wife, who suffers from a heart complaint, and his daughter in fear wondering if the Gardai are coming back. "My client wants the matter dealt with sooner rather than later. It's unfair on the family," the solicitor continued before explaining medical records belonging to his wife, family photos and €400 are among the property still in Garda possession. At that juncture, Inspector Minnock conceded that perhaps some of the personal items could be returned but there would be strong objection to the return of the firearms. He added that the Police Property Act refers to all items. Looking at the list of confiscated items again, the judge commented that the applicant had also lost his jeep and trailer for that period. Det Sgt Curley said Gardai would submit that it was a stolen jeep and trailer but the applicant's solicitor said the applicant disputed that and maintained that they were both owned by him. Concluding, Judge Seamus Hughes said he would adjourn the matter for a month telling Gardai he wanted substantial progress with the DPP since the report is with them now over a year and half. He told Mr Reynolds' solicitor that if the applicant wanted to compile a list of personal items he would like returned for consideration they could do so. The case was adjourned until March 7 for an up-to-report from the DPP.