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Man cleared of having pipe bomb found in garden

Sean Megaw who was acquitted on pipe bomb charges
Sean Megaw who was acquitted on pipe bomb charges Sean Megaw who was acquitted on pipe bomb charges

A 27-year old Dunmurry man has been cleared of possessing a pipe bomb which was found in the garden of a property in the Lagmore area of Belfast.

Sean Megaw, from Mount Eagles Square, was one of two men charged with possessing the pipe bomb and various component parts on January 31 last year.

It was the Crown's case that Megaw and his co-accused, 40-year old Sean Ruddy from Burren Meadow in Newcastle, Co Down, were in the process of transporting the pipe bomb and components when they were apprehended by police.

While Ruddy admitted the offence, Mr Megaw maintained his innocence and stood trial in a short non-jury Diplock trial held at Belfast Crown Court last month. He denied both possessing the items with intent, and also possessing them in suspicious circumstances.

Giving his judgment yesterday Judge Gordon Kerr QC said that after hearing all the evidence and the inferences that could be drawn from the evidence, it was his view "they do not exclude the reasonable possibility that the defendant is innocent of the charges.

"In my view they go no further than suggesting the defendant is possibily guilty. Accordingly, I find him not guilty of the offences charged."

During the trial, the court heard evidence from two police officers who arrested both men in Lagmore last January.

Police were in patrol in the area on the evening in question when they were alerted to the presence of a Nissan Qashqai.

A constable and sergeant located the vehicle parked in a cul de sac at White Rise and when their police vehicle pulled up alongside the Nissan, Mr Megaw was in the drivers seat. While they were speaking to Mr Megaw, Ruddy was seen on foot turning a corner into the cul de sac.

When Ruddy saw police he fled, but was challenged and pursued, and both men were subsequently arrested.

The court heard that at one stage during the incident, both officers chased Ruddy, leaving Mr Megaw in the vehicle and unattended for a short period. At no stage while he was left on his own did Mr Megaw try and escape from the vehicle or the scene.

Several witnesses, including one of the officers at the scene, said they saw Ruddy disgarding an item as he fled from police, and when the area was later searched a black bag containing pipe bomb components including a bolt and four modified lengths of pipe were found in a hedge.

A pipe bomb was also discovered in a garden around eight or nine feet from where the Nissan had been parked.

When he was arrested and interviewed, Mr Megaw made the case that 'his mate' asked him to turn the car around in the cul de sac, and when he parked the Nissan the police arrived at the scene.

Giving his judgment Judge Kerr agreed there was no evidence to connect the pipe bomb to the car.

Judge Kerr also said he was "not convinced" that the fact the men were together and that Mr Megaw was driving Ruddy's car was sufficient to establish a joint enterprise between the two.

Ruddy will be sentenced for his role in four weeks time, on October 5.