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18. Soon after the publication of the Proclamation of 5th July 1957
bringing into force the powers of detention provided for under the
1940 Act, the Prime Minister of the Government of the Republic of
Ireland announced that the Government would release any person held
under that Act who undertook "to respect the Constitution and the laws
of Ireland" and "to refrain from being a member of or assisting any
organisation declared unlawful under the Offences against the State
Act, 1939".

VI

19. G.R. Lawless was first arrested with three other men on
21st September 1956 in a disused barn at Keshcarrigan, County Leitrim.
The police discovered in the barn a Thompson machine-gun, six army
rifles, six sporting guns, a revolver, an automatic pistol and
400 magazines. Lawless admitted that he was a member of the IRA and
that he had taken part in an armed raid when guns and revolvers had
been stolen. He was subsequently charged on 18th October with
unlawful possession of firearms under the Firearms Act, 1935 and under
Section 21 of the Offences against the State Act, 1939.

G.R. Lawless, together with the other accused, was sent forward for
trial to the Dublin Circuit Criminal Court. On 23rd November 1956, they
were acquitted of the charge of unlawful possession of arms. The
trial judge had directed the jury that the requirements for proving the
accussed's guilt had not been satisfied in that it not been
conclusively shown that no competent authority had issued a firearm
certificate authorising him to be in possession of the arms concerned.

At the hearing before this Court on 26th October, the District Justice
asked one of the accused, Sean Geraghty, whether he wished to put any
questions to any of the policemen present. Sean Geraghty replied as
follows:

"As a soldier of the Irish Republican Army and as leader of these men,
I do not wish to have any part in proceedings in this Court."

When asked by the Justice whether he pleaded guilty or not guilty to
the charge, he again said:

"On behalf of my comrades and myself I wish to state that any arms and
ammunition found on us were to be used against the British Forces of
occupation to bring about the re-unification of our country and no
Irishman or woman of any political persuasion had anything to fear
from us. We hold that it is legal to possess arms and also believe it
is the duty of every Irishman to bear arms in defence of his country."

Subsequently, G.R. Lawless in reply to a question by the Justice
said: "Sean Geraghty spoke for me."

Lawless was again arrested in Dublin on 14th May 1957 under section 30
of the 1939 Act, on suspicion of engaging in unlawful activities. A
sketch map for an attack of certain frontier posts between the Irish
Republic and Northern Ireland was found on him bearing the inscription
"Infiltrate, annihilate and destroy."

On the same day his house was searched by the police who found a
manuscript document on guerilla warfare containing, inter alia, the
following statements:

"The resistance movement is the armed vanguard of the Irish people
fighting for the freedom of Ireland. The strength of the movement
consists in the popular patriotic character of the movement. The
basic mission of local resistance units are the destruction of enemy
installations and establishments, that is TA halls, special huts, BA
recruiting offices, border huts, depots, etc.

Attacks against enemy aerodromes and the destruction of aircraft
hangars, depots of bombs and fuel, the killing of key flying personnel
and mechanics, the killing or capture of high-ranking enemy officers
and high officials of the enemy's colonial Government and traitors to
our country in their pay, that is, British officers, police agents,
touts, judges, high members of the Quisling party, etc."

After being arrested, G.R. Lawless was charged:

(a) with possession of incriminating documents contrary to section 12
of the 1939 Act;

(b) with membership of an unlawful organisation, the IRA, contrary to
section 21 of the 1939 Act.

On 16th May 1957, G.R. Lawless was brought before the Dublin District
Court together with three other men who were also charged with similar
offences under the 1939 Act. The Court convicted Lawless on the first
charge and sentenced him to one month's imprisonment; it acquitted him
on the second charge. The Court record showed that the second charge
was dismissed "on the merits" of the case but no official report of
the proceedings appears to be available. The reasons for this
acquittal were not clearly established. G.R. Lawless was released on
about 16th June 1957, after having served his sentence in Mountjoy
Prison, Dublin.

20. G.R. Lawless was re-arrested on 11th July 1957 at Dun Laoghaire
by Security Officer Connor when about to embark on a ship for
England. He was detained for 24 hours at Bridewell Police Station in
Dublin under section 30 of the 1939 Act, as being a suspected member of
an unlawful organisation, namely the IRA.

Detective-Inspector McMahon told the Applicant on the same day that he
would be released provided that he signed an undertaking in regard to
his future conduct. No written form of the undertaking proposed was put
to G.R. Lawless and its exact terms are in dispute.

On 12th July 1957, the Chief Superintendent of Police, acting under
section 30, sub-section 3 of the 1939 Act, made an order that
G.R. Lawless be detained for a further period of 24 hours expiring at
7.45 p.m. on 13th July 1957.

At 6 a.m. on 13th July 1957, however, before Lawless' detention under
section 30 of the 1939 Act had expired, he was removed from the
Bridewell Police Station and transferred to the military prison in the
Curragh, Co. Kildare (known as the "Glass House"). He arrived there
at 8 a.m. on the same day and was detained from that time under an order
made on 12th July 1957 by the Minister for Justice under section 4
of the 1940 Act. Upon his arrival at the "Glass House", he was handed
a copy of the above-mentioned detention order in which the Minister
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