RE-TRIAL ORDERED

Press, Volume CXII, Issue 32847, 22 February 1972, Page 17

RE-TRIAL ORDERED

tS'Z.P.A-Reuter —Copyright? DUBLIN, Feb. 21. The Irish Republic Government, often criticised for being “soft” on the outlawed I.R.A. has taken a tough new line: the Minister of Justice (Mr Desmond O’Malley) has announced that seven men whom a magistrate’s court freed last week, because of insufficient evidence, will be retried.

Although Mr CMa ley did not mention names in his statement to 4000 Fianna Fail delegates at their Dublin conference, he was clearly referring to the case in the border town of Dundalk last Wednesday, arising from a gun battle between British troops on the northern side of the border and gunmen in the Republic.

Charged with possessing firearms with intent to endanger life, the accused men include Anthony (“Dutch”) Docherty and Martin Meehan, both I.R.A. leaders who bad earlier escaped from the

Crumlin Road Prison, Belfast. Mr O’Malley said that the Court’s decision to discharge the men was inexplicable, and he gave a warning that the I.R.A. would not be allowed to interfere in the Republic’s aims, which, he said, were to achieve unification of North and South by peaceful means. “The independence of the judiciary in the last resort is the greatest bulwark we can have, as a nation, against desperatism, but at the same time, I would not be realistic if I did not say that I and members of the Government have been greatly disturbed by recent judicial decisions,” Mr O’Malley said. “It seems difficult to understand the reasoning behind some of the decisions pertaining to matters which went to the very roots of democracy in this country. “We feel that within the existing laws it is necessary for us to take every possible step to see that the will of the people in this country, and the law enacted, will not be thwarted by some strange and inexplicable decisions by district justices and some other members of the judiciary. “Because of this I have had

■ talks with the Attorney-Gene-ral, who has decided ... to ! use his powers under Section s 62 of the Courts of Justice , Act to return to trial, by t judge and jury, certain people • whom the district justice had - decided not to send for trial.” ■ Illegal organisations had 1 done more to hinder the re- ’ unification of Ireland over the last few years than any : other single factor, Mr O’MalL ley added. ! Mr O’Malley’s statement c was made after a speech by s the Prime Minister (Mr Jack ■ Lynch) to the Fianna Fail, I in which he had said that 1 the police had very clear and 1 explicit instructions to carry ’ out their duty against illegal organisations, but that his - Government had been con--1 cemed about some judicial - decisions which had been i made. f In Belfast, the Northern Ireland Prime Minister (Mr • Faulkner) has issued a staterment welcoming the Dublin » Government’s move. f “There is no doubt that de- , termined action by the Ret public in the security field s could bring swift and imme- / diate benefits to law abiding e citizens, both North and - South, and, not least, in the saving of life,” Mr Faulkner 1 said. ’