A claimed Continuity IRA attack on Enniskillen police station three years ago went unnoticed at the time, the Special Criminal Court has heard. However, the sentencing hearing for two Cavan men, who admit helping the organisation in the purported attack, heard today that an improvised “slam gun” was found close to the station after a search. Lawyers for both Desmond Smith and Stephen Hamill have appealed to the three-judge court for a non-custodial sentence, having pledged to have nothing to do with paramilitary organisations in the future. Smith (65) and Hamill (52) were both arrested in February last year by members of the Special Detective Unit of An Garda Siochana. In April of this year, Smith, of Kilnavara Crescent, Co Cavan, pleaded guilty (GUILTY) to knowingly rendering assistance to an organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA in the performance or furtherance of an unlawful object on March 18, 2021 within the State. Hamill, of Willow Ridge, Gortnakesh, Co Cavan, pleaded guilty (GUILTY) to the same offence on March 13, 2021.
At the non-jury court today, Detective Garda Sergeant Ronan Judge told Shane Costelloe SC, for the State, that between March 13 and 16 that year a sequence of phone calls were made to media outlets in the North and Border region from different SIM cards by callers purporting to be from the Continuity IRA (CIRA). Calls were made to the BBC NI news desk, Northern Sound radio station and to the Irish News and the Impartial Reporter newspapers claiming that a CIRA bomb had been placed on the Newtownbutler Road in Fermanagh. The Impartial Reporter received a call stating that shots were fired at the police station in Enniskillen on March 14, 2021, with the caller claiming to be from the CIRA. The caller stressed that the call was “not a hoax” and then offered a code word, said the detective. Another call was made by someone also purporting to be from the CIRA to the Irish News claiming that there was a bomb in a boat in north Fermanagh. On March 16, 2021, a lady who answered a call at Northern Sound radio station was told that there had been an “attack” on Enniskillen police station two days earlier, and was told that this was at the orders of the “Army Council”, said Det Sgt Judge. The detective agreed with Mr Costelloe that at the time of that call there had not been a "general awareness" of an attack on the station.
Det Sgt Judge agreed with Mr Costelloe that the lady receiving the phone call was told that the incident was “nothing to do with civilians but that a fight was to be brought against the Crown Forces”. The detective told the court that the caller claimed a weapon had been fired from a “device” across the shore from Enniskillen PSNI station and repeated that there was no intention to harm civilians. On St Patrick's Day, March 17, 2021, detectives searching nearby the station found an improvised device, made of a telescopic pipe inserted into a wider pipe, which was activated by “smacking” the base of the device. Det Sgt Judge said this device was known as a “slam gun”. Det Sgt Judge said that in February 2021, Hamill had gone to a hardware store in Cavan and purchased “telescopic” pipes, similar to those discovered used in the attack on the PSNI station.
The joint investigation led to a search warrant application on March 17, 2021, for the homes of Hamill and Smith, which was executed the following day. A search of Hamill’s home led to a number of phones being seized and to his arrest. In an interview, Hamill admitted that he had also put someone “intimately” related to him in position to buy phone top ups. Hamill admitted his involvement in buying telescopic pipes at the hardware shop similar to those used to make the “slam gun”. A search of Smith’s home revealed a number of phones and a handset used in some of the phone calls but Smith initially denied knowledge of it. Smith told Gardaí that he found the handset when the county council were clearing hedges near his house. Det Sgt Judge said Smith had no previous convictions and that Hamill had three for road traffic offences. Det Sgt Judge agreed with Bernard Condon SC, for Hamill, that his client answered questions when interviewed, admitted he bought SIM cards and identified himself from CCTV footage played to him. Mr Condon said his client was “under pressure for money at the time” and is a working man in construction with a wife and child. Sean Guerin SC, for Smith, said his client, who has medical conditions, had members of family and children in Australia. Mr Guerin said Smith had no previous convictions and had been “caught up in something he wishes he didn’t get caught up in at all”.
Both Smith and Hamill took to the stand to vow that they would “disassociate” themselves from criminal organisations and Republican paramilitaries. They swore that they “repudiated” unlawful organisations “and all their acts”. Counsel for both men said their clients, who were apologetic, were at the “lower level of the organisation” and asked the court to consider a non-custodial sentence. Mr Condon said his client admitted to Gardaí that he had gone to Tesco in Cavan Town on March 13, 2021, to purchase the SIM cards and admitted a person associated with him also bought further cards. Mr Condon said his client was an “extremely accomplished” chef, a professional musician and a father, adding that his client and his brother cared for both their mother and for a “severely disabled” uncle. Mr Condon said Hamill had not been charged with membership of any unlawful organisation and handed in three testimonials to the court in his client’s favour, including one referencing Hamill saving the life of a choking man. Mr Condon said “exceptional cases do exist” and that his client was “deserving of consideration of a non-custodial option”. Mr Guerin said the court could be “fully confident” of Smith’s rehabilitation, submitting that he was a “decent man caught up in these activities”. He asked the court to consider a non-custodial sentence. Mr Justice Tony Hunt, presiding, adjourned the matter to October 14 for sentencing.
Clarification: Mr Smith did not purchase the SIM cards in question, which were purchased by Mr Hamill and another person. That other person was not in fact Mr Smith. Mr Smith did enter a plea to knowingly rendering assistance to an organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA in the performance or furtherance of an unlawful object on March 18, 2021 within the State by holding a mobile phone. Mr Smith was not accused or charged with actually buying the SIM cards. The court heard that Mr Hamill and another person were responsible for the purchase of the SIM cards.
