Courts / Dublin / Report

Authorisation of garda listening device was valid, non-jury court rules

Date
2018-01-30

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

The Special Criminal Court has ruled that the authorisation of garda listening devices was valid, dismissing defence arguments regarding the application's validity. This decision was issued during the ongoing trial of Edward O'Brien, David Nooney, and Seán Hannaway, who are accused of membership of an unlawful organisation styling itself the Irish Republican Army (IRA) on August 8, 2015. Kevin Hannaway and Eva Shannon are co-accused of knowingly rendering assistance to the IRA by assisting in interviews at Riverwood Park, Castleknock, Dublin 15, on August 7 and 8, 2015. All five defendants pleaded not guilty to the respective charges. The prosecution alleged that gardai, acting on confidential information, used surveillance devices to record interviews conducted for the IRA. Defence counsel argued that the District Court judge's authorisation was invalid due to alleged inaccuracies in the senior garda's information, conflicting evidence, and procedural errors under the Criminal Justice Surveillance Act 2009. Ms Justice Isobel Kennedy, presiding with Justice Robert Haughton and Judge Gerard Griffin, rejected these arguments, stating that the criteria for authorisation are disjunctive and that the senior garda was satisfied the surveillance was necessary for the security of the State. The court found no basis to invalidate the evidence obtained. The trial continues tomorrow.

Who, what, where, when and why

What: Report matter: Authorisation of garda listening device was valid, non-jury court rules. Charges or matters: membership of an unlawful organisation within the State, namely an organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 8th, 2015; knowingly rendering assistance to an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, namely with Sean Hannaway, assisting in interviewing persons involved in IRA organised criminal activities, said interviews being directly or indirectly in the furtherance of an unlawful object, at Riverwood Park, Castleknock, Dublin 15 on August 7th and 8th, 2015; the same offence on the same dates. Procedural stage: trial

When:

August 7 2015 Hearing Or Sentence
August 8th, 2015 Other
August 7th Incident
2018-01-30 Publication

Why: Ms Justice Kennedy said this argument failed because the relevant section of the Act sets out different criteria for authorising a surveillance operation and are "disjunctive" so gardai do not have to satisfy each section individually. CNI source report

Case subjects

David Nooney

Defendant

Charges: membership of an unlawful organisation within the State, namely an organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 8th, 2015; knowingly rendering assistance to an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, namely with Sean Hannaway, assisting in interviewing persons involved in IRA organised criminal activities, said interviews being directly or indirectly in the furtherance of an unlawful object, at Riverwood Park, Castleknock, Dublin 15 on August 7th and 8th, 2015; the same offence on the same dates (Alleged Or Contested)

Plea: Not guilty

Edward O'Brien

Defendant

Plea: Not guilty

Eva Shannon

Co Accused

Charges: the same offence on the same dates (Alleged Or Contested)

Plea: Not guilty

Kevin Hannaway

Accused

Charges: knowingly rendering assistance to an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, namely with Sean Hannaway, assisting in interviewing persons involved in IRA organised criminal activities, said interviews being directly or indirectly in the furtherance of an unlawful object, at Riverwood Park, Castleknock, Dublin 15 on August 7th and 8th, 2015; the same offence on the same dates (Alleged Or Contested)

Plea: Not guilty

Seán Hannaway

Defendant

Plea: Not guilty