Courts / Monaghan / Report
Arrest of man on trial for IRA membership legal, court rules
Summary
The Special Criminal Court has ruled that the arrest of a Monaghan man charged with IRA membership was lawful. Jim Smyth, aged 44, of Aghalissabeagh, Scotstown, County Monaghan, has pleaded not guilty to membership of an unlawful organization styling itself the Irish Republican Army. The prosecution alleges that Mr Smyth used his own land and land belonging to his mother-in-law for IRA activities on 25 November 2015. His legal representatives had challenged the lawfulness of his arrest, arguing he had been arrested for the same offence on 29 January that year. Presiding Justice Isobel Kennedy found no connection between the investigation into the alleged activities on the date in question and the earlier arrest on suspicion of IRA membership. The trial continues before Ms Justice Kennedy, sitting with Judge Sinéad Ní Chúlacháin and Judge James Faughnan.
Who, what, where, when and why
What: Report matter: Arrest of man on trial for IRA membership legal, court rules. Charges or matters: membership of an unlawful organization, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015. Procedural stage: trial
When:
- November 25th, 2015 Incident
- January 29th Incident
- 2017-05-17 Publication
Why: Mr Smyth's legal team had argued that his arrest was illegal because he had been arrested for the "same offence" earlier that year, on January 29th. CNI source report
Case subjects
Defendant
Charges: membership of an unlawful organization, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015 (Alleged Or Contested)
Plea: Not guilty
Places mentioned
Topics
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