Two guilty over MI5 arms sting

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Paul McCaugherty / Dermot Gregory
30 June 2010
UTV

Two men have been found guilty of attempting to smuggle weapons and explosives into Northern Ireland from an arms dealer who was an MI5 agent.

The Real IRA's arms procurer duped as he was wined and dined by a British Secret Service Agent in Amsterdam Brugges and Istanbul, was convicted of plotting to smuggle 104,000 euro of lethal weapons into Ireland.

Paul Anthony McCaugherty from Beech Court, Lurgan who boasted his dissident republican branch made the Omagh bomb, killing 29, including unborn twins, showed no emotion, and even yawned at the verdicts of Mr Justice Hart at Belfast Crown Court.

McCaugherty was one of three Co Armagh men arrested following a two year MI5 sting operation code-named Nare and Liburna, between August 2004 and June 2006.

Mr Justice Hart, who as a Diplock Judge tried the five-week case without a jury, rejected defence claims the 43-year-old had been 'entrapped or induced' by the "role-playing agent" known only as 'Ali'.
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THE QUEEN v PAUL ANTHONY McCAUGHERTY and DERMOT DECLAN GREGORY

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McCaugherty & Anor, R v [2010] NICC 28 (30 June 2010)
Neutral Citation No. [2010] NICC 28
Ref: HAR7901
Judgment: approved by the Court for handing down
Delivered: 30/06/10
(subject to editorial corrections)*

IN THE CROWN COURT SITTING IN BELFAST
________
THE QUEEN
-v-
PAUL ANTHONY McCAUGHERTY
DERMOT DECLAN GREGORY
(aka Michael Dermot)
________

HART J

[1] The defendants are charged with various offences connected with an operation carried out by the Security Service which commenced in August 2004 and culminated in the arrested of both defendants and their former co-defendant Desmond Paul Kearns, in June 2006. It will be necessary to consider the evidence relating to the charges in greater detail later in this judgment but it is necessary to say something about the history and nature of the operation in order to place the charges in context.
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Dissident terrorist 'determined' to buy arms

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30 June 2010
Press Association
David Young

A leading dissident republican duped by an MI5 agent posing as an arms dealer was found guilty today of trying to smuggle a huge cache of weapons and explosives into Northern Ireland.

Paul McCaugherty, 43, from Lurgan, County Armagh, had no idea the arsenal he agreed to buy for more than 100,000 euros did not exist and he was instead being targeted by the Security Services in a two-year undercover sting operation.
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IRA dissident caught buying guns explosives

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30 June 2010
The New Zealand Herald

DUBLIN - A self-described senior Irish Republican Army dissident has been convicted by a Belfast judge of trying to buy guns, explosives and other weapons from undercover British agents. The case against 43-year-old Paul McCaugherty featured testimony from two agents from the MI5 spy agency who posed as Middle Eastern arms dealers and recorded their conversations with McCaugherty from 2004 to 2006.

Belfast Justice Anthony Hart ruled overnight that MI5's body of evidence against McCaugherty was overwhelming. It included audiotape of McCaugherty describing himself as deputy commander of the Real IRA splinter group, and asking for myriad equipment including armor-piercing weapons, plastic explosive and sniper rifles. Hart says he will sentence McCaugherty at a later date.
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IRA dissident seeking guns caught in British sting

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30 June 2010
Associated Press

A self-described senior Irish Republican Army dissident has been convicted by a Belfast judge of trying to buy guns, explosives and other weapons from undercover British agents.

The case against 43-year-old Paul McCaugherty featured testimony from two agents from the MI5 spy agency who posed as Middle Eastern arms dealers and recorded their conversations with McCaugherty from 2004 to 2006.

Belfast Justice Anthony Hart ruled Wednesday that MI5's body of evidence against McCaugherty was overwhelming. It included audiotape of McCaugherty describing himself as deputy commander of the Real IRA splinter group, and asking for myriad equipment including armor-piercing weapons, plastic explosive and sniper rifles.

Hart says he will sentence McCaugherty at a later date.
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Man tried to smuggle weapons into NI

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30 June 2010
RTE News

A leading dissident republican duped by an MI5 agent posing as an arms dealer was found guilty today of trying to smuggle a huge cache of weapons and explosives into Northern Ireland.

Paul McCaugherty, 43, from Beech Court, Lurgan, Co Armagh, had no idea the arsenal he agreed to buy for more than €100,000 did not exist and he was instead being targeted by the Security Services in a two-year undercover sting operation.
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Northern Ireland man guilty of gun smuggling plot

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30 June 2010 
Agence France Presse

A man in Northern Ireland caught in a sting operation mounted by British secret agents was found guilty Wednesday of trying to smuggle weapons and explosives into the province. Paul McCaugherty, 43, had attempted to import an arsenal worth more than 100,000 euros (123,000 dollars) from an MI5 agent posing as a dealer.

McCaugherty says he is a commander of the Real IRA dissident republican group, which claimed responsibility for shooting dead two British soldiers in the province last year.

Judge Anthony Hart, ruling in the non-jury case at Belfast Crown Court, said the evidence against McCaugherty was "extremely compelling".
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N. Irish militant found guilty in MI5 gun case

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30 June 2010
Reuters News
Andras Gergely in Dublin / editing: David Stamp


A Northern Irish court found a Republican militant guilty on Wednesday of plotting to smuggle in weapons and explosives via a dealer, who turned out to be an agent of Britain's MI5 spy agency.

Paul McCaugherty, who had admitted to being a member of the Real IRA splinter group, had denied charges including conspiring to obtain arms and explosives and using money for the purposes of terrorism.

McCaugherty, 43, was one of three men from County Armagh arrested following an MI5 sting operation between 2004 and 2006.
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Two guilty of Real IRA gun plot

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30 June 2010
BBC

Two men on trial after an MI5 sting operation targeting a dissident republican gun smuggling plot have been found guilty by a judge in Belfast.

Paul McCaugherty, 43, of Beech Court in Lurgan was found guilty of attempting to import weapons and explosives from a dealer who was actually an MI5 agent.

Dermot Declan Gregory of Concession Road in Crossmaglen, was found guilty of making a Portuguese property available for the purpose of terrorism.
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Man faces terrorist information charge

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28 June 2010
The Irish News

A 43-year-old man is to appear in court today charged with possession of information likely to be of use to terrorists.

He was arrested in Lurgan, Co Armagh, on Friday and is believed to have been questioned in connection with an ongoing investigation into dissident republican activity.
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Closing statements made in dissident gun-running trial

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22 June 2010
The Irish News


A lawyer yesterday declared that it was "perfectly clear" that an alleged dissident republican was guilty of plotting to buy and smuggle guns and explosives.

The claim came from Gordon Kerr QC, prosecuting, as he made final submissions in the Belfast Crown Court trial of Co Armagh men Paul McCaugherty and Dermot Gregory, also known as Michael Dermot.

McCaugherty (43) from Beech Court in Lurgan faces a total of six charges including conspiring to get arms and explosives, IRA membership and three charges of using money for the purposes of terrorism.
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Judgment reserved in MI5 arms sting case

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22 June 2010
Belfast Telegraph


It is "perfectly clear" that an alleged dissident republican was guilty of plotting to buy and smuggle guns and explosives, a prosecutor has told Belfast Crown Court.

The claim was made by Gordon Kerr QC as he made final submissions in the trial of Co Armagh men Paul McCaugherty and Declan Gregory, also known as Michael Dermot.
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Verdict in IRA case due soon

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22 June 2010
Mirror
Paul Higgins

A lawyer yesterday declared it was "perfectly clear" that an alleged dissident republican was guilty of plotting to buy and smuggle guns and explosives.

The claim came from prosecuting QC Gordon Kerr as he made final submissions in the Belfast Crown Court trial of Co Armagh men Paul McCaugherty and Declan Gregory, also known as Michael Dermot.
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MI5 weapons case judgement due

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21 June 2010
BBC News


A judge in the non-jury trial of two men accused of terrorism charges has retired to consider his verdict.

Paul McCaugherty, 43, from Beech Court in Lurgan faces six charges including conspiring to obtain arms and explosives, IRA membership and using money for the purposes of terrorism.

Declan Gregory, 41, of Concession Road, Crossmaglen, denies two charges making property available to terrorists.

Mr Justice Hart is due to deliver his judgement soon.

During the course of the trial at Belfast Crown Court, Mr Justice Hart heard that MI5 secret service agents posing as arms dealers mounted a two year operation between August 2004 and June 2006, directed against the Real IRA.
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Real IRA gun smuggling trial ends

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21 June 2010
UTV
A lawyer has declared it was "perfectly clear" that an alleged dissident republican was guilty of plotting to buy and smuggle guns and explosives.


The claim came from prosecuting QC Gordon Kerr as he made final submissions in the Belfast Crown Court trial of County Armagh men Paul McCaugherty and Declan Gregory, AKA Michael Dermot.

McCaugherty (43) from Beech Court in Lurgan faces a total of six charges including conspiring to get arms and explosives, IRA membership and three charges of using money for the purposes of terrorism.

Gregory (41) from Concession Road in Crossmaglen, denies two charges of making property available to terrorists.
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Gun accused freed over entrapment

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19 June 2010
Irish Times

AN ARMAGH man accused of a gun smuggling plot walked free from court yesterday after the prosecution decided not to appeal a judge’s decision to stop the case.

Prosecution lawyer David McDowell told Mr Justice Hart in Belfast Crown Court that “we do not intend to appeal your Lordship’s ruling yesterday so the defendant can be discharged”.

Following an abuse-of-process application from defence QC Orlando Pownall on behalf of Desmond Kearns (44), Mr Justice Hart ruled an MI5 agent known as “Amir” had overstepped the mark to enter the area of entrapment.
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Real IRA suspect caught in MI5 sting freed by judge

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19 June 2010
The Guardian
Henry McDonald
Ruling that agent illegally entrapped defendant Blow to operation against alleged arms smuggling

An operation against an alleged Real IRA arms smuggling network suffered a blow yesterday after a judge ruled that MI5 had illegally entrapped one of the accused in a sting involving an undercover agent.

The case against Desmond Kearns, 44, at Belfast crown court was stopped by the judge, who decided that an MI5 agent known as Amir had tried to trap him.
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MI5 agent blamed for trial failure

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19 June 2010
Mirror


RELEASED

A MAN accused of a gun smuggling plot walked free from court yesterday after the prosecution decided not to appeal a judge's decision to stop the case.

Following an application on behalf of 44-year-old Desmond Kearns from Lurgan, Co Armagh, Mr Justice Hart sitting in the Diplock, no jury court, ruled that an MI5 agent known only as 'Amir' had gone into the area of entrapment.

The judge said that given the evidence of two meetings between Amir and Kearns in particular, the Lurgan man acted in the way he did because he had been 'entrapped" during the operation against the Real IRA.
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No challenge over decision to free arms plot

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19 June 2010
Belfast Telegraph
Paul Higgins


A man who had been accused of a gun smuggling plot walked free from court yesterday after the prosecution decided not to appeal a judge's decision to stop the case.

Prosecution lawyer David McDowell told Belfast Crown Court judge Mr Justice Hart: "We do not intend to appeal your Lordship's ruling yesterday so the defendant can be discharged."
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Real IRA suspect caught in MI5 sting freed by judge

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18 June 2010
Guardian
Henry McDonald
Arms smuggling case against Desmond Kearns collapses after judge rules he was illegally entrapped by MI5 agent


An operation against an alleged Real IRA arms smuggling network suffered a blow today after a judge ruled that MI5 had illegally entrapped one of the accused in a sting involving an undercover agent.

The case against Desmond Kearns, 44, at Belfast crown court was stopped by the judge, who decided that an MI5 agent known as Amir had tried to trap him.

Kearns, from Lurgan, Co Armagh, had been charged alongside two others with attempting to smuggle arms and explosive for an alleged Real IRA operation.
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Judge halts arms plot trial over MI5 entrapment

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18 June 2010
Belfast Telegraph


A MAN arrested in an MI5 sting against dissident Republicans could be freed if the prosecution does not contest a judge's ruling that a Secret Service agent over-stepped the mark.

Belfast Crown Court judge Mr Justice Hart yesterday agreed to a defence application on behalf of Desmond Paul Kearns (44) that his trial be stopped because he'd been 'entrapped' by the agent known only as 'Amir'.

But the judge in the Diplock trial refused a similar application on behalf of one of Kearns' co-accused Paul Anthony John McCaugherty (43). He was said to have tried to negotiate with another agent called 'Ali'.

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Gun smuggling accused walks free

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18 June 2010
 UTV News
A Co. Armagh man who had been accused of a gun smuggling plot walked free from court on Friday after the prosecution decided not to appeal a judge's decision to stop the case.


Prosecution lawyer David McDowell told Belfast Crown Court judge Mr Justice Hart "we do not intend to appeal your Lordship's ruling ...so the defendant can be discharged".

Following an abuse of process application from defence QC Orlando Pownall on behalf of 44-year-old Desmond Kearns, Diplock, no jury judge Mr Justice Hart ruled that a secret service MI5 agent known only as 'Amir' had over-stepped the mark and gone into the area of entrapment.

In his ruling the judge said that having reviewed the evidence "the edifice of the prosecution case now rests on inadequate foundations and therefore that edifice cannot stand".
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Real IRA plot accused entrapped by MI5 rules judge

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18 June 2010
BBC News

Court


A man accused of smuggling guns for the Real IRA has walked free from court after a judge ruled he had been wrongfully entrapped in an MI5 'sting'.

The case against Desmond Kearns, 44, from Tannaghmore Green, Lurgan, collapsed on Friday.

He had been charged with attempting to smuggle arms and explosives from Europe in an alleged Real IRA arms operation.

But the case was stopped when a judge ruled that an MI5 agent, known only as Amir had "entrapped" him.
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Arms plot trial ruling adjourned

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16 June 2010
Mirror


A JUDGE yesterday adjourned a decision on whether MI5 overstepped the mark in an arms plot sting against dissident Republicans.

Lawyers for two of three Co Armagh men facing charges arising out of the action against the Real IRA, claim they were "entrapped" and it would be an "abuse of process" to continue with the Belfast Crown Court trial.

Diplock judge Mr Justice Hart, trying the case alone, said he hoped to give his ruling within a few days, if not by the start of next week.

Paul McCaugherty, 43, of Beech Court, Desmond Kearns, 44, of Tannaghmore Green, both Lurgan, and Dermot Gregory, 41, also known as Michael Dermot from Concession Road, Crossmaglen, deny a total of seven charges.

The charges relate to an alleged plot to smuggle arms into Northern Ireland from Eastern Europe.

Gordon Kerr QC for the prosecution rejected the suggestion that Kearns or McCaugherty were the victims of entrapment.
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Lawyers: gun-running accused 'are victims of MI5 entrapment'

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16 June 2010
The Irish News


Judgment was reserved yesterday on whether MI5 over-stepped the mark in a two-year sting operation against dissident republicans.

Lawyers for two of three Co Armagh men facing charges arising out of the MI5 operation against the Real IRA claim they were "entrapped" and it would be an "abuse of process" to continue with their Belfast Crown Court trial.

Diplock judge Mr Justice Hart, trying the month-long case alone without a jury, said he hoped to give his ruling within a few days, if not by the beginning of next week.
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Cigs smuggler was 'entrapped by MI5'

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15 June 2010
Mirror
Lawyer wants case thrown out


THE case against one of three men facing charges after an MI5 operation against the Real IRA should be thrown out, his lawyer argued yesterday.

Orlando Pownell told judge Mr Justice Hart that it would be an "abuse of process" to continue with the Belfast Crown Court trial of Desmond Paul Kearns, 44, from Lurgan, Co Armagh.

The lawyer claimed the cigarette smuggler was "entrapped" as part of an intelligence-gathering operation by MI5 against weapon procurement in western Europe by the Real IRA.

That entrapment, he claimed, was carried out by one of the main prosecution witnesses, known only as Amir, a secret Service "role-playing operative". He was described by Mr Pownell as "a clever and trained individual" who used deceit to get his own way.
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Smuggler 'entrapped' by MI5 argues lawyer

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15 June 2010
The Irish News


The prosecution case against one of the three Co Armagh men facing charges arising out of an MI5 sting operation against the Real IRA should be thrown out, his lawyer has argued.

Defence QC Orlando Pownell told trial judge Mr Justice Hart that it would be an "abuse of process" to continue with the Belfast Crown Court trial of 44-year-old Desmond Paul Kearns from Tannaghmore Green, Lurgan.

The London-based lawyer said the cigarette smuggler was "entrapped" by MI5 operatives as part of an initial intelligence gathering operation by the Security Service against weapon procurement in western Europe by the Real IRA.

Mr Pownell submitted that this was the "most unusual case, if not unique... as it relates to entrapment".
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MI5 sting decision adjourned

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15 June 2010
UTV News
A Belfast judge has adjourned his decision on whether the MI5 branch of the Secret Services over-stepped the mark in a two-year sting operation against dissident Republicans.


Lawyers for two of three Co Armagh men facing charges arising out of the MI5 operation against the Real IRA, claim they were "entrapped" and it would be an "abuse of process" to continue with their Belfast Crown Court trial.

Diplock judge Mr Justice Hart, trying the month-long case alone, without a jury, said he hoped to give his ruling within a few days, if not by the beginning of next week.
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Accused entrapped in MI5 sting operation, court told

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Belfast Telegraph
15 June 2010


The prosecution case against one of the three men facing charges arising out of an MI5 sting operation against the Real IRA should be thrown out, a court has heard.

Defence QC Orlando Pownall told trial judge Mr Justice Hart it would be an “abuse of process” to continue with the Belfast Crown Court trial of 44-year-old Desmond Paul Kearns, from Tannaghmore Green, Lurgan.
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Real IRA Guns accused 'entrapment victim'

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BBC News
14 June 2010


A lawyer for one of three County Armagh men charged with gun-running for the Real IRA has said the case should be thrown out because of MI5 entrapment.

Orlando Pownell QC argued that it would be an abuse of process to continue with the trial of 44-year-old Desmond Paul Kearns from Tannaghmore Green, Lurgan.

The three men deny eight charges between them arising out of a two-year MI5 sting operation.
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Real IRA accused argues entrapment

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14 June 2010
UTV News
The prosecution case against one of the three Co Armagh men facing charges after an MI5 sting against the Real IRA, should be dropped, his lawyer argued on Monday.


Defence QC Orlando Pownell told trial judge Mr Justice Hart that it would be an "abuse of process" to continue with the Belfast Crown Court trial, of 44-year-old Desmond Paul Kearns from Tannaghmore Green, Lurgan.

The top London-based lawyer claimed that the cigarette smuggler was "entrapped" by MI5 operatives as part of an initial intelligence gathering operation by the Security Service against weapon procurement in western Europe by the Real IRA .
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MI5 agent says 'role player' was paid £3k

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10 June 2010
The Irish News


The prosecution case against three Co Armagh men facing charges arising out of an MI5 sting operation against the Real IRA ended yesterday with yet more revelations of the workings of the Secret Service.

Among the details given was an admission that undercover operatives, or 'role players' as they were described during the month-long Belfast Crown Court trial, do get paid "bonuses".
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Undercover MI5 spies 'paid performance bonus'

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10 June 2010
Belfast Telegraph


Undercover MI5 agents get paid performance bonuses, it has been claimed at the trial of three men facing charges arising from a sting operation against a Real IRA arms smuggling plot.

As the prosecution of three Co Armagh men wound up at Belfast Crown Court yesterday, it was revealed that an agent involved in the sting — ‘Amir’ — was paid “performance bonuses” of £1,000 on three occasions.

Lurgan men Desmond Paul Kearns (44) and Paul Anthony John McCaugherty (43), and Dermot Declan Gregory (41) from Crossmaglen, deny a total of eight charges.

One MI5 officer was asked if he was not aware of bonuses being paid, replied: “Of course I am aware that people get paid bonuses.” Another agent accepted that in “contact notes” reference was made that Amir had been paid bonuses totalling £3,000 in 2005.
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IRA said they'd kill me, woman tells court

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4 June 2010 
Belfast Telegraph
Paul Higgins


A woman has told a court how she believed the IRA would kill her unless she handed over deeds to a Portuguese restaurant.

Theresa Murphy told Belfast Crown Court she and her former partner Owen McNamee had been running the Panda restaurant after it was bought by Crossmaglen man Dermot Declan Gregory (41), also known as Michael Dermot.
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Restaurateur tells court about threat

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4 June 2010
The Irish News


Two men claiming to be from the IRA ordered a woman to hand over deeds to a Portuguese restaurant or she would "get it," a gun-smuggling trial has heard.

Giving evidence at the Belfast Crown Court trial of three Co Armagh men accused of a gun-smuggling plot, Theresa Murphy said she and her former partner Owen McNamee had been running the Panda restaurant after it was bought by one of the defendants, 41-year-old Dermot Declan Gregory aka Michael Dermot from Concession Road in Crossmaglen.
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Restaurant owner was threatened by 'IRA men'


4 June 2010
Mirror

Paul Higgins
Three accused of weapons plot

Two men claiming to be IRA members ordered a woman to hand over deeds to a restaurant in Portugal or she'd "get it," a court heard yesterday.

Therese Murphy was giving evidence at the Belfast Crown Court trial of three men accused of a gun smuggling plot The witness said she and her ex partner Owen McNamee had run the restaurant after it was bought by defendant, 41-year-old Dermot Declan Gregory, aka Michael Dermot, from Crossmaglen, Co Tyrone.
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'Speak to the police if you condemn Omagh'

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1 June 2010
Belfast Telegraph

(Note: Article is included due to Murphy's claim that Dermot Declan Gregory is an MI5 agent and was engaged in an elaborate plot to frame him. See: Colm Murphy Interview - MI5 agent in plot to frame me: dissident)

COLM Murphy, the only man ever convicted in connection with the Omagh bomb, should co-operate with the authorities if he condemns the atrocity, relatives of those killed have said.
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Omagh accused breaks his silence

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1 June 2010
The Irish News
Allison Morris


The only man ever convicted in relation to the Omagh bombing has broken his silence over the Real IRA atrocity.

Leading dissident republican Colm Murphy said the attack in which 29 people, including a woman pregnant with twins, died "should never have happened".

Describing events in Omagh on August 15 1998 as "awful, tragic" he said: "No-one in their right mind would say any different."
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Colm Murphy Interview - MI5 agent in plot to frame me: dissident

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1 June 2010
The Irish News
Allison Morris


Leading dissident republican Colm Murphy has alleged that a suspected British agent on trial in a MI5 case was engaged in an elaborate plot to frame him.

Dermot Declan Gregory (41), also known as Michael Dermot, is standing trial at Belfast Crown Court in a gun-running case in which MI5 witnesses are giving evidence in an Irish court for the first time in decades.

Along with John McCaugherty and Desmond Kearns, Mr Gregory is charged with raising funds for paramilitaries and trying to procure weapons for the Real IRA.

Murphy alleges that Mr Gregory gave a full account of his spying activities and agreed to give a press conference outlining the details.
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