Court archive
Court reports mentioning Brookeborough, Fermanagh
2013-12-20 · Limerick
Michael Kiely, 43, of Abbeyvale, Corbally, Limerick, was acquitted by the Special Criminal Court of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 6, 2013. The defendant had pleaded not guilty to the charge. Mr Justice Paul Butler stated that while the court was fully satisfied Kiely read an inflammatory statement containing threats to kill Irish members of the British Army, it had doubt regarding his membership status on the specific date. The statement, read at a graveside commemoration, declared that anyone donning a British Army uniform became a legitimate target. The prosecution relied on the belief evidence of Chief Superintendent Dave Sheehan and inferences drawn from Kiely's failure to answer certain interview questions under Section 2(1) of the Offences Against the State (Amendment) Act 1998. However, the judge noted that the belief evidence was based on privileged confidential information that the accused could not challenge, and thus required independent corroboration. The court found that Kiely's silence in interview did not amount to such corroboration, as he had denied membership and answered similar questions in other interviews. Although the judge found much of Kiely's account regarding his knowledge of the statement to be untrue, the lack of sufficient independent evidence to prove membership resulted in the acquittal.
2013-12-11 · Limerick
A man charged with membership of an unlawful organisation has denied the allegation at the Special Criminal Court in Dublin. Michael Kiely, aged 43, of Abbeyvale, Corbally in Limerick, has pleaded not guilty to membership of the IRA following an incident in January 2013. Evidence was heard that Kiely read a Continuity IRA statement at a graveside commemoration in Limerick containing threats against members of the British Army. His wife testified that during a garda interview, she was told gardai acknowledged her husband was not a member of the IRA. The defence counsel contended Kiely had been manipulated by others into reading the statement without prior knowledge of its contents. Kiely maintained he has never been an IRA member and was a member of Republican Sinn Féin with interest in history and politics. The prosecution presented expert evidence and the recording of the statement being read. The three-judge court, presided over by Mr Justice Paul Butler, adjourned judgment to 20 December.
2013-12-06 · Limerick
A Garda Chief Superintendent has given evidence to the Special Criminal Court that he held the belief Michael Kiely was a member of an unlawful organisation styling itself the Irish Republican Army. Mr Kiely, aged 43, of Abbeyvale, Corbally, Limerick, has pleaded not guilty to membership of such an organisation on 6 January 2013. Chief Superintendent Dave Sheehan told the court his belief was not formed on the basis of facts arising from the incident itself or Mr Kiely's arrest. The charge relates to Mr Kiely reading a Continuity IRA statement at a graveside oration in Mount Saint Lawrence Cemetery in Limerick. The statement threatened that members of the British Army would become legitimate targets. The gathering commemorated Sean Sabhat, killed during a raid on an RUC barracks in Brookeborough, County Fermanagh, in 1957. Defence counsel indicated Mr Kiely and his partner would give evidence. The trial continues before Justice Paul Butler and two other judges.
2013-12-05 · Limerick
Michael Kiely, 43, of Limerick, is currently on trial at the Special Criminal Court, having pleaded not guilty to membership of an unlawful organisation styling itself the IRA. The prosecution alleges that on January 6, 2013, Kiely read a Continuity IRA statement at a graveside oration in Limerick, identifying Irish enlistees in the British Army as "legitimate targets." The statement, signed by "Continuity IRA prisoners, Portlaoise gaol," was recorded by a radio reporter after the event's PA system failed. Prosecution counsel Shane Costelloe BL presented the recording to the court, which also heard evidence from Chief Superintendent Dave Sheehan regarding Kiely's alleged membership. During a search of Kiely's home, gardai found undelivered Christmas cards addressed to prisoners in Portlaoise jail, including one addressed to Rose Lynch, who was jailed for life last April for murder and IRA membership. The trial, presided over by Justice Paul Butler with Judges Margaret Heneghan and Flannan Brennan, is expected to last five days. The court will also consider evidence that gardai invoked Section 2 of the Offences Against the State (Amendment) Act 1998 during interviews, allowing inferences to be drawn from Kiely's refusal to answer certain questions.