Special Criminal Court rejects second jurisdiction application in two days

Two men charged with murder will proceed to trial at the Special Criminal Court following the rejection of a jurisdictional challenge this morning. Kenneth Donohoe, aged 42, and Darren Murphy, aged 50, both face allegations relating to the death of Eamon Kelly in December 2012. Defence counsel argued that the Special Criminal Court, established as an emergency measure in 1972, lacked statutory authority to operate on a permanent basis and that trying their clients without a jury breached human rights protections. Presiding judge Mr Justice Alexander Owens ruled that the court was validly established by statute and that the proclamation underpinning it remained in effect. This marks the second such jurisdictional application rejected by the court in two days. A similar challenge brought on behalf of four men accused of offences in County Cavan was dismissed on Tuesday. Both men are scheduled to appear for trial next week.