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Last Updated: Tuesday, 12 October, 2004, 16:25 GMT 17:25 UK
Couple cleared of bomb charges
A County Fermanagh couple have been cleared of hiding a huge arsenal of weapons and explosives for dissident republicans.

Lord Justice Campbell acquitted Michael Joseph Lavelle, 52, and his 47-year-old wife Mary on Tuesday.

He said he accepted legal argument from defence lawyers that the couple had no case to answer.

They were arrested in February 2003 after the security forces allegedly discovered bomb-making materials hidden in a field at the back of their home at Donagh near Lisnaskea during a two-day search.

A metal rod and a tube - which a forensic explosives expert claimed was a "component for an explosive device" - was found in a pantry in the house.

In the absence of any further evidence I consider that the accused should be acquitted
Lord Justice Campbell

In a lean-to shed, traces of explosives were uncovered, together with green paint which was allegedly used to paint a roll of flex found in one of the hides, the court heard.

A prosecution lawyer claimed the couple "were either principals in that they stored these items themselves, perhaps with the assistance of others or that they were accessories in that they knowingly permitted other people to store these items in the various locations".

However, Lord Justice Campbell acquitted both the Lavelles of possessing the "component for an explosive device" with intent, and under suspicious circumstances for lack of evidence.

'Disposable suits'

The judge also cleared Michael Lavelle, for the same reason, of possessing the explosive components and firearms and ammunition recovered from the hides.

The judge said that before they could be convicted, the prosecution would have to prove not only had they knowingly had the items in their possession, but also that they knew they were explosive substances.

That was something which the "experienced police officer" who found them had not realised himself, said Lord Justice Campbell.

Other items uncovered in the house included unused number plates for a destroyed car, balaclavas, disposable suits and berets.

The judge said while this "may raise considerable grounds for suspicion", he could not be satisfied beyond a reasonable doubt the couple knew they were in possession of explosive substances.

"In the absence of any further evidence I consider that the accused should be acquitted," said Lord Justice Campbell.





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