Ex-Dublin mayor's grandson drops sentence appeal for explosives conviction after being warned of court’s powers
A man caught with a hand grenade and four kilograms of the explosive TNT in a densely populated area of Dublin’s north inner city, has dropped an appeal against the severity of his sentence after being reminded of the Court of Appeal’s full powers.
Mairtin Manning (aged 25), whose address was not before the court, pleaded guilty at the Special Criminal Court to knowingly possessing an explosive substance to wit ten 400 gram blocks of TNT and the explosive head of an RGD33 hand grenade at Spring Garden Street, Dublin 3, on June 2, 2017.
Manning, who is the grandson of former Lord Mayor of Dublin Christy Burke, was sentenced to seven years imprisonment by the three-judge, non-jury court on May 27, 2017.
The Special Criminal Court heard that the Army Bomb Disposal Unit were called to the scene and 40 premises had to be evacuated after the men were intercepted by gardaí. The explosives were found in a shoe box, in the passenger foot-well of a taxi.
Presiding judge Mr Justice Tony Hunt said one of the 10 400-gram blocks of TNT was sufficient to make an under-car bomb and therefore the quantity in question was “very considerable”. He said no harm had resulted due to the timely intervention by gardaí.
Mr Justice Hunt said Manning had acted as a courier and had played an important role. He said the items would have required “further processing” and it could not be said that Manning “would have had a further role in the processing”. Manning was, nonetheless, trusted by the organisers of these activities, the judge said.
Manning was due to appeal against the severity of his sentence today in the Court of Appeal.
However, before the case came on for hearing, President of the Court of Appeal Mr Justice George Birmingham asked Manning’s lawyers whether their client was aware of the range of options available to the court. This was in reference to the court’s power to increase sentences as well as reduce them.
After a brief consultation, Manning’s barrister, Michael O’Higgins SC, asked the court for permission to withdraw the appeal, which was permitted.
Manning’s coaccused, Declan McDermott (aged 31), whose address was also not before the court, was jailed for seven years after pleading guilty to the same offence.
A third man, John O'Brien (aged 56) of North Great Clarence Street, Dublin 1, also admitted to knowingly rendering assistance to an unlawful organisation, in the furtherance of an unlawful object, to wit, possession of an explosive substance under such circumstances as to give rise to a reasonable suspicion that it was not in its possession for a lawful object, at his home address on June 2, 2017. He was jailed for 18 months.
At the Special Criminal Court sentence hearing, Detective Superintendent Michael Gibbons of the Special Detective Unit (SDU), summarised the facts of the case.
Det. Supt Gibbons told prosecuting counsel Fiona Murphy SC that surveillance was conducted after the SDU received confidential information.
The witness said that the National Surveillance Unit (NSU) observed Manning leave his house on Ballybough Road in Dublin 3 at 5.52pm on June 2. He was carrying a sports bag which had a shoulder strap and it appeared to be “quite light”, the court heard.
Following this, Manning walked over Ballybough Bridge before he arrived at a house on North Great Clarence Street at 5.48pm.
O’Brien opened the door and Manning “ducked inside”, said the witness. There was a brief interaction between the two men and Manning proceeded to walk 10 to 15 yards away from the house. However, O’Brien signalled to Manning to come back to the house and the two men went inside and closed the door.
When Manning emerged from the house, he was carrying the shoulder bag which looked “significantly heavier”, Det. Supt Gibbons said, adding that he then walked in the direction of Dunne Street in Ballybough.
Meanwhile, McDermott had driven his taxi into a cul-de-sac on Dunne Street and parked up. The taxi meter in the car was turned off at 7.59pm, said Det. Supt Gibbons.
Manning then turned into the cul-de-sac and got into the front-passenger seat of the taxi.
The taxi then reversed onto Dunne Street and drove to Portland Row before turning onto the North Strand Road in the direction of Spring Garden Street.
The witness said there was an audio recording of the two men in the taxi and inferences could have been drawn from their level of knowledge.
At this point, gardaí stopped the taxi and both men were arrested. Det. Supt Gibbons said a shoe box was inside the sports bag carried by Manning, which was located in the footwell of the taxi.
The Army Bomb Disposal Unit attended the scene, while the street at Spring Garden Street was cordoned off from 6.15pm until 9.55pm that night and 40 premises had to be evacuated, the court heard.
