A Co Monaghan man was cleared of having explosives by the Special Criminal Court in Dublin today.

The court ruled yesterday that a statement made by the accused, allegedly admitting possession of the explosives, was not admissible in evidence.

The non-jury court ruled that investigating gardaí failed to follow proper procedure when questioning Martin Connolly (aged 26) as to his alleged possession of an explosive substance and that a statement given and interviews conducted on this basis were unlawful.

Mr Connolly, of Mullantimore, Tydavnet, Co Monaghan had pleaded not guilty to knowingly having in his possession a Novital Magnum electric cereal mill and ammonium nitrate at his home between September 8 and 11, 2010.

Today prosecuting counsel Mr Tom O' Connell SC said that he was offering no further evidence in the case. Connolly's counsel, Mr Brendan Grehan SC, then applied for his client to be found not guilty.

Mr Justice Paul Butler, presiding, said that the court found him not guilty on the basis of the ruling delivered yesterday, and discharged Mr Connolly.

At the opening of the prosecution case, counsel for the State, Mr Tom O’Connell SC, said the court would hear evidence that a substance found in an electric mill housed in a shed close to the house was ammonium nitrate powder and that it was ground for the purposes of making an explosive substance.

He said that the accused man was arrested on suspicion of being a member of an unlawful organisation and throughout most of his detention was interviewed on this subject.

Only on the second day of his detention, in his eighth interview with gardai, was Mr Connolly asked about the unlawful possession of explosives.

The non-jury court then heard evidence in a “trial within a trial” after the defence challenged the legality of Mr Connolly’s detention and the admissibility of his interviews on the unlawful possession of an explosive substance.

Counsel for Mr Connolly, Mr Brendan Grehan SC, argued that gardaí failed to comply with their legal requirement to involve a “member in charge” or senior garda officer in the continued detention of his client for an offence other than that which he had been arrested for.

Reading from a written judgement, presiding judge Mr Justice Paul Butler said that the court found that the continued detention of Mr Connolly for an offence other than his alleged membership of an illegal organisation and his questioning on these matters was unlawful.

He said that the statement given by Mr Connolly admitting the possession of explosives in his garage cannot be separated from his interview on the alleged possession of explosive substances and was therefore inadmissible.

Mr Justice Butler said the court had no evidence from a “member-in-charge” or senior officer that gardai had reasonable grounds for believing the continued detention of Mr Connolly was necessary for the investigation of his alleged possession of explosives.

was cleared of having explosives by the Special Criminal Court in Dublin today.

Mr. Martin Connolly of Mullantimore, Tydavnet was cleared of having explosives by the Special Criminal Court in Dublin today

The court ruled yesterday that a statement made by the accused, allegedly admitting possession of the explosives, was not admissible in evidence.

The non-jury court ruled that investigating gardaí failed to follow proper procedure when questioning Mr connolly  as to his alleged possession of an explosive substance and that a statement given and interviews conducted on this basis were unlawful.

Mr Connolly  had pleaded not guilty to knowingly having in his possession a Novital Magnum electric cereal mill and ammonium nitrate at his home between September 8 and 11, 2010.

Today prosecuting counsel Mr Tom O' Connell SC said that he was offering no further evidence in the case. Connolly's counsel, Mr Brendan Grehan SC, then applied for his client to be found not guilty.

Mr Justice Paul Butler, presiding, said that the court found him not guilty on the basis of the ruling delivered yesterday, and discharged Mr Connolly.

At the opening of the prosecution case, counsel for the State, Mr Tom O’Connell SC, said the court would hear evidence that a substance found in an electric mill housed in a shed close to the house was ammonium nitrate powder and that it was ground for the purposes of making an explosive substance.

He said that the accused man was arrested on suspicion of being a member of an unlawful organisation and throughout most of his detention was interviewed on this subject.

Only on the second day of his detention, in his eighth interview with gardai, was Mr Connolly asked about the unlawful possession of explosives.

The non-jury court then heard evidence in a “trial within a trial” after the defence challenged the legality of Mr Connolly’s detention and the admissibility of his interviews on the unlawful possession of an explosive substance.

Counsel for Mr Connolly, Mr Brendan Grehan SC, argued that gardaí failed to comply with their legal requirement to involve a “member in charge” or senior garda officer in the continued detention of his client for an offence other than that which he had been arrested for.

Reading from a written judgement, presiding judge Mr Justice Paul Butler said that the court found that the continued detention of Mr Connolly for an offence other than his alleged membership of an illegal organisation and his questioning on these matters was unlawful.

He said that the statement given by Mr Connolly admitting the possession of explosives in his garage cannot be separated from his interview on the alleged possession of explosive substances and was therefore inadmissible.

Mr Justice Butler said the court had no evidence from a “member-in-charge” or senior officer that gardai had reasonable grounds for believing the continued detention of Mr Connolly was necessary for the investigation of his alleged possession of explosives.