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A man awaiting verdict on a charge that he is a member of the IRA has been granted compassionate bail by the Special Criminal Court for Christmas.
Julian Flohr (37), with an address at Rusheen Ard, Caltragh, is charged with membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on August 14, 2016.
His trial at the non-jury Special Criminal Court commenced in November and a judgement from the three-judge court is expected in January.
Evidence was given that Flohr and another man, Damhan McFadden (29) of Kilmacowen were travelling in a Saab car belonging to McFadden near Dromahair at 10.30pm which was stopped by Garda Eamonn McDonnell and Gda Ciaran Staid around 10.30pm.
A decision was made to search the two men under section 23 of the Misuse of Drugs Act, 1977. Garda McDonnell found a small "Spiderman" themed backpack behind the driver's seat in the car, containing a black package which appeared to have soil on it.
When Gda McDonnell looked inside the backpack again he formed the suspicion that it could be an explosive device.
It was later established that the device was a mortar round but there was no primary cartridge present in it. Flohr made no reply when the membership charge was put to him last month, so the court entered a not guilty plea on his behalf.
The three-judge court granted him compassionate bail last Wednesday pending judgment in the case on January 25 next.
Judge Tony Hunt, presiding, said Flohr had voluntarily surrendered his bail on a previous occasion.
"Had he not surrendered his bail, he'd probably be out for Christmas anyway."
Flohr is remanded to January 25 next with consent to bail from December 24th to 28th. McFadden pleaded guilty to knowingly rendering assistance to an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann otherwise the IRA by transporting a training mortar in furtherance of an unlawful object within the State on August 14, 2016.
McFadden had originally pleaded not guilty at the three-judge court to membership of an unlawful organisation on August 14, 2016 and the trial has been underway since November 15.
After the guilty plea was entered, prosecuting counsel Fiona Murphy SC asked the court that a "nolle prosequi" be entered on the membership charge which McFadden had originally been charged with.
Presiding judge Mr Justice Tony Hunt, sitting with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded McFadden on continuing bail until January 25, when he will be sentenced.
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