How an MI5 'weapons dealer' tricked a Real IRA leader

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2 July 2010
BBC
Conor Spackman


It was a case which could have come straight from the pages of a spy novel - but in fact it was a deadly real-life narrative. A self-proclaimed leader of the Real IRA attending exotic meetings across Europe, plotting to secure the sophisticated weaponry which would be used to target the British commander of UN forces in Bosnia as well as police officers in Northern Ireland. In fact Paul McCaugherty had been enmeshed in what a judge described as "an elaborate and successful hoax", which ended in his conviction on a plethora of terrorist charges on Wednesday.
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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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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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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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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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MI5 agent 'doesn't know' why bosses said account full of spin

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21 May 2010
The Irish News
Barry McCaffrey


An MI5 agent at the centre of a Real IRA arms smuggling trial says he has no idea why his bosses raised concerns that his evidence was full of "spin" and was "inaccurate".

The agent, codenamed 'Amir', was giving evidence at the trial of three Co Armagh men charged in connection with an alleged Real IRA plot to smuggle guns and explosives from mainland Europe to Northern Ireland in 2005/2006.
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Bonus pay allegations are untrue, MI5 agent tells court

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21 May 2010
Belfast Telegraph
Paul Higgins


An undercover Secret Service agent giving evidence against three alleged dissident republicans has denied being paid bonuses. Under cross-examination at Belfast Crown Court, the agent known as ‘Amir' claimed he was paid between £200 and £300 for every day he worked on an operation. He told Orlando Pownall QC that if there was a bonus scheme “they must have forgotten to tell me about it”.
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Arms trial held up as QC is stranded

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Volcanic ash flights disruption - Arms trial held up as QC is stranded
5 May 2010
The Irish News

A major dissident arms smuggling trial had to be postponed for 24 hours after a leading barrister due to take part in the case was stranded in London by the volcanic ash cloud. Orlando Pownall QC had been due to be present at the opening of the trial of three Co Armagh men charged with a Real IRA gun smuggling plot. However, as the trial was due to open yesterday, Mr Justice McLaughlin was informed that the top British barrister had been unable to fly from his home in London because flights over Irish airspace were grounded.
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