The Special Criminal Court has ruled that evidence of the arrest of two men accused of the possession of an assault rifle and a handgun is admissible at their trial.
Vincent Ryan, 22, and his co-accused Darragh Evans, 23, have pleaded not guilty to the possession of an AKM assault rifle and Webley-make revolver MkV1 at Clonshaugh Walk, Coolock, Dublin 17 on 15 September 2011.
Last week the trial entered a voir dire, a trial within a trial to determine the admissibility of evidence, concerning entry to dwellings and the arrest and detention of the accused.
The non-jury court heard gardaí who went to the homes of the accused men on 6 February 2012 were armed with warrants issued under Section 29 of the Offences Against the State Act, which has since been found to be unconstitutional.
However, Detective Sergeant Donal Brasil told Tara Burns SC, for the State, that he went to the home of Mr Evans for the dual purpose of affecting an arrest and carrying out a search.
He said gardaí forced entry to the apartment and searched the premises in the absence of the accused man.
He telephoned Mr Evans and requested he travel to Coolock Garda Station as it was his intention to arrest him.
After Mr Evans failed to arrive at Coolock Garda Station, Detective Sergeant Brasil said he went back to the accused man's apartment later that day and arrested him.
Detective Sergeant Enda Carroll told Tom O'Connell SC, also for the State, that he went to Mr Ryan's apartment early on the morning of 6 February 2012.
He said he showed him the Section 29 warrant and informed the accused man he was there for the dual purpose of arrest and carrying out a search.
Delivering the ruling, presiding judge Mr Justice Paul Butler said the court found that the later entry to Mr Evans's apartment was not unlawful as it was not part of the original search carried out.
He said the court found that while the entry to Mr Ryan's apartment for the purposes of a search was unlawful, gardaí went there with the dual purpose of arresting Mr Ryan and the arrest itself was therefore not unlawful.
The court heard the garda investigation into the offence began after an incident involving the discharging of a firearm on Marsfield Avenue in Clongriffin on 15 September 2011.
Gardaí who searched a Saab 95 car recovered a short distance away from Marsfield Avenue found an AKM assault rifle, an AK-47 style ammunition magazine, a Webley revolver and a Nike bag containing a foil lid from a Pringles crisp container.
The Special Criminal Court has heard evidence from forensic scientist Dr Fiona Thornton a DNA profile matching that of Darragh Evans was found on the AKM assault rifle and on the Pringles lid, while a DNA profile matching that of Mr Ryan was found on the AK-47 style magazine.
However, under cross-examination Dr Thornton also agreed that the incomplete, low-level DNA profiles taken from the AKM assault rifle and the ammunition magazine could have been deposited there by secondary or tertiary transfer as equally as direct contact.
The trial later entered another voir dire to determine the legality of the taking of buccal swabs from the accused men for forensic examination during their detention.
Mr Justice Butler said the issues raised were clearly of importance to the case and the court anticipated it would return judgment tomorrow.