MI5 agent blamed for trial failure

19 June 2010


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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