A 36-YEAR-OLD man charged with possessing a submachine gun and assaulting gardaí has been returned for trial to the non-jury Special Criminal Court.

Judges today granted an application by the Director of Public Prosecutions (DPP) to try Derek Devoy at the three-judge court.

Last March at Dublin District Court, Devoy, with an address at Balbutcher Lane, Poppintree, Ballymun, Dublin 11, was charged with possessing a RAK-PM63 submachine gun with intent to endanger life or cause serious injury at Crannogue Road, Ballymun, Dublin 11 on 11 March 2019.

Devoy is also charged with possessing an explosive substance, to wit a Yugoslavian M75 hand grenade with intent to endanger life or cause serious injury to property on the same occasion.

The accused man is further charged with possessing a 9mm Makarov PM 63 submachine gun in such circumstances as to give rise to a reasonable inference that he had not got it in his possession for a lawful purpose on the same date at Belclare Crescent and Doon Court, Ballymun.

Furthermore, Devoy is also charged with possessing ammunition to wit 11 rounds of 9mm with intent to endanger life or cause serious injury to property.

Devoy also faces two charges under Section 19 of the Public Order Act for assaulting a garda and a garda sergeant at Crannogue Road on the same date.

At today’s brief hearing, for which the accused was excused, State Solicitor Michael O’Donovan said that the DPP was applying to the court to make an order under Section 49 of the Offences Against the State Act that the accused man be tried before the Special Criminal Court.

In certain cases, the DPP can certify that in his or her opinion the ordinary courts are inadequate to secure the effective administration of justice.

Justice Paul Coffey, presiding, sitting with Judge Gerard Griffin and Judge Michael Walsh, made the order.

Following this, a production order was made for Devoy to appear before the three-judge court on 8 October.

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