Courts / Carlow / Report

Non-jury court to deliver verdict on IRA charge next week

Summary

In a Special Criminal Court hearing, James Smithers, 38, of St Patrick's Park, Tullow, Co. Carlow, pleaded not guilty to an indictment of membership in the Irish Republican Army (IRA). The prosecution, represented by Anne‑Marie Lawlor BL, argued that Smithers supplied a stolen car for an IRA operation in County Limerick on 31 October 2015. Central to the case was the belief evidence of Detective Chief Superintendent Peter Kirwan, who claimed to be "absolutely satisfied" that the information supporting his belief was reliable and accurate. Kirwan's testimony was supplemented by the fact that Smithers failed to answer material questions after Section 2 of the Offences Against the State Act was invoked, which the prosecution said provided sufficient supporting evidence of guilt. Smithers' defence, led by Mark Nicholas SC, challenged the depth of Kirwan's file and the inference that the suspicious activity on the night in question proved membership.

Who, what, where, when and why

What: Report matter: Non-jury court to deliver verdict on IRA charge next week. Charges or matters: membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on October 31st, 2015. Procedural stage: charge_or_pretrial

When:

• October 31st, 2015 Hearing Or Sentence
• October 30th Incident
• 2017-01-19 Publication

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial Theft

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Read the original CNI report