Accused was 'in IRA splinter group'

The accused appeared at Dublin's Special Criminal Court

Police suspected that the only man arrested in connection with the Omagh bombing was a member of a breakaway IRA active service unit, a court has heard.

However, Dublin's Special Criminal Court was told there was confusion over which splinter group to which Colm Murphy, 49, belonged.

The allegations came on the third day in the trial of the publican from Dundalk, County Louth.

Mr Murphy denies conspiring with others to cause an explosion on the weekend in August 1998 in which 29 died and more than 200 were injured in the County Tyrone town.

Colm Murphy: Only person charged in connection with Omagh bombing

Michael O'Higgins, defending, asked Detective Sergeant Denis Fallon why his client was arrested in February 1999 on suspicion of unlawful possession of explosives.

He said there was "not a line in that (police) report detailing any movements of Mr Murphy being in possession of an explosive substance in or about Dundalk on 15 or 13 August".

Mr Higgins was challenging the legality of the arrest.

Sergeant Fallon said officers had "reasonable grounds" for the arrest and said he acted on his "knowledge of Mr Murphy and his activities".

Mr O'Higgins pointed to an inconsistency in police information, highlighting an apparent confusion about which splinter group Mr Murphy was suspected to be a member.

Prosecuting

A report drawn up to brief officers before Mr Murphy's arrest read: "The group he is associated with is Republican Sinn Fein/Continuity Army Council ," he told the court.

But Sergeant Fallon later made a statement saying he believed the defendant to be a member of the Real IRA, a separate republican breakaway group, he added.

Presiding judge Mr Justice Barr asked the detective: "Your understanding is that he was a member of an active service unit of the Real IRA?"

"Yes, that's right, my Lord," he answered.

Peter Charleton, prosecuting, said the police suspicions were "reasonable grounds" for the arrest.