Gardaí must provide further reasons for releasing two men suspected of playing an integral role in plans to blow up a mosque, a High Court judge in Belfast directed today.
The pair allegedly featured in a claim of responsibility video filmed before two others accused over the plot are believed to have been stopped on their way to carry out the attack in Co Galway.
Details emerged as a fifth man charged with terrorism offences linked to the cross-border police investigation mounted an application for bail.
Connor Pollock, 38, of Croob Park in Ballynahinch, Co Down faces counts of withholding information about the preparation of a terrorist act.
He is also accused of possessing documents or records useful to terrorists, and having a mobile phone for purposes connected to terrorism.
The charges relate to a planned attack on a Galway mosque by a group calling itself the Irish Defence Army (IDA).
Suspects were arrested last year as part of a probe by police on both sides of the brother into violent far-right extremism.
Mr Pollock's 35-year-old brother, Garrett, of Kilhorne Green in Annalong, Co Down, and Lithuanian national Karolis Peckauskas, 38, of Newfoundwell Road in Drogheda, Co Louth, are currently remanded in custody in the Republic on charges connected to the alleged plot.
The court heard Garrett Pollock and Mr Peckauskas were arrested on 5 November last year after gardaí stopped a car at Portlaoise, Co Laois.
Searches of the vehicle uncovered a bulletproof vest, six containers of hydrogen peroxide, cable ties, a hunting knife, hatchets and component parts for pipe bombs.
A tricolour flag and documents relating to an IDA affirmation and threat to a mosque in Galway were also found, according to the prosecution.
Further searches at Garrett Pollock's home address were said to have located incendiary-type devices, a 15-point attack plan and a typed document about targeting the mosque.
Examinations of a phone revealed a video which showed four people wearing balaclavas and claiming responsibility for the planned attack.
Crown counsel claimed it was pre-recorded, allegedly featured Garrett Pollock and Mr Peckauskas, and that they were detained on their way to carry out the strike when they were detained.
In the video, masked men stated that people have had enough poor treatment due to migrants "flooding the country" and described their approach as "an eye for an eye".
The court was told two other men suspected to be in the recording - at one stage even unmasked - were arrested but later released pending the outcome of a report to prosecutors in the Republic.
Sarah Minford, prosecuting at the hearing in Belfast, said: "Police in the south consider they are alleged to have had an integral role in the planning and organising of the attack on the mosque."
Based on instructions, however, she submitted that those two suspects were released following questioning by gardaí because they could not be charged with preparatory acts of terrorism under Irish legislation.
But Ms Justice Smyth responded that it made no sense.
"These are people that police believe were actually involved in the planning of this attack, and they have clear evidence which would support that," she said.
"I’m going to require a statement from senior police in the south about this.
"I will require confirmation that there is no legislation that these two people in the south could have been charged with, because it is nonsense."
Meanwhile, it was confirmed that police do not believe Connor Pollock was involved in events on the night of the alleged planned attack.
The charges he faces instead relate to alleged messages on his phone about firearms and prices.
"It shows he is a trusted member of this terrorist organisation, and that he took steps or was directed to take steps to assist," Ms Minford argued.
Defence barrister Sean Doherty insisted there is no evidence that his client played any role in the planned attack on the place of worship.
"There is nothing on his phone about Google searches relating to pipe bombs or mosques on the island of Ireland," he said.
Contending that Connor Pollock is accused of less serious offences, Mr Doherty also claimed it was "absolutely absurd" to suggest the two released suspects could not have been charged.
"He remains on remand while (alleged) active members of this organisation have been released," the lawyer added.
"You would have a hard time persuading somebody that justice has been done in these circumstances."
Connor Pollock’s application for bail was adjourned until next week.
