New IRA: Alleged senior member of Republican terror group was trying to head up active service unit in Belfast, court told

Prosecutors claimed Gary MacNally was present and involved in secretly recorded attempts to enlist him into the terror grouping.

But Mr Justice O’Hara held that the 63-year-old defendant should be released from custody based on the presumption of innocence.

He banned the accused from any dissident republican political activities as part of strict bail terms imposed.

MacNally and co-defendant Joseph Donnelly, 52, are jointly charged with belonging to a proscribed organisation, directing terrorism and preparation of terrorist acts between December 2019 and August 2022.

Both men are accused of attending a secretly recorded meeting with an unnamed man, referred to as Mr X, at Whiterock Leisure Centre in west Belfast in September 2020.

Donnelly, who remains in custody, was Officer Commanding (OC) of the New IRA in Belfast, according to the prosecution, while MacNally was in charge of security.

The defendants, whose addresses cannot be reported, were allegedly intent on recruiting Mr X to the organisation.

A Crown lawyer contended that the pair promised him autonomy to lead a small active service unit in the city, set his own targets and help build the dissident grouping’s future.

In a case involving audio and video recordings, she claimed Donnelly was described as “probably one of the better OCs that Belfast has ever had”.

The court heard that at one point discussions turned to the past split within republicanism.

MacNally allegedly stated: “Years ago, before the IRA packed up and left us, something like 83 kneecappings in the Upper Springfield Road area within a year.”

Counsel submitted that he explained to Mr X the same small “squads” of men were to be used.

The group's plans were described as “the only show in town” and “a lot more perfect than the year before”.

A reference was also made to “young lads” being brought in and “put through the books”.

Later in the conversation MacNally allegedly insisted: “This is not a one-man show, this army is a collective, it’s now down to individuals.

“I’m prepared to go in the firing line, so he is (sic) and so is other people.”

An apparent reference was also made to Operation Arbacia, the joint PSNI and MI5 sting operation against dissident republican grouping’s activities involving alleged British agent Dennis McFadden.

Mr X was informed: “The Brits are sitting back with Dennis McFadden, thinking they’ve got a coup over the f***ing IRA, ‘we’ve got the top executives, got members on the Council, they’re f***ed’.”

But MacNally allegedly stated: “If the Brits had succeeded I wouldn’t be standing here tonight.

“I’m asking you to join the IRA, to build the IRA, to build it for the future. We need to be better, we’re well-trained, we’re well-equipped and we can.”

The barrister said Mr X was asked to consider the position and return at the same time the following week.

Both defendants attended a second meeting seven days later, on the prosecution case, but the would-be recruit failed to show.

MacNally’s bid for bail was opposed due to the risk posed by dissident republicans.

Mr Justice O’Hara heard details about a series of recent New IRA attacks, including the “abhorrent” shooting of senior PSNI detective John Caldwell in Omagh in February.

Defence counsel argued that the level of criminality alleged against those released in other terrorism cases surpassed the discussions said to have taken place at the leisure centre.

Ruling on MacNally’s application, Mr Justice O’Hara said: “The allegation is especially serious; the case is that he was involved in an effort to recruit an individual who was promised a senior role in the dissident IRA.”

However, he pointed out that the accused is to be presumed innocent until proven otherwise.

“It is on foot of that presumption that I have decided I must grant bail in this case,” the judge ruled.

MacNally was ordered to live at an agreed address under curfew and prohibited from any contact or association with either Donnelly or hardline grouping Saoradh.

Mr Justice O’Hara directed: “He must not attend any meeting, rally or demonstration relating to dissident republican political activities.”