Courts / Louth / Report

IRA membership conviction quashed over refusal to view file linked to "belief evidence"

Summary

The Court of Appeal has quashed the conviction of Michael Connolly, a 45-year-old from Dundalk, for membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA, on December 16, 2014. Connolly had pleaded not guilty at the Special Criminal Court, where he was found guilty and sentenced to three years imprisonment by Mr Justice Tony Hunt, presiding alongside Judge John O'Hagan and Judge Flann Brennan, on July 10, 2017. The appeal centered on the trial court's refusal to view an intelligence file that grounded Assistant Garda Commissioner Michael O'Sullivan's "belief evidence" regarding Connolly's membership. The trial court had upheld the Assistant Commissioner's claim of privilege over the material, citing State security and protection of life, and declined to inspect the file. In allowing the appeal, Mr Justice Alan Mahon, sitting with President George Birmingham and Mr Justice John Edwards, ruled that the trial court's reasons for rejecting the request to view the file were insufficient to justify their refusal. The Court of Appeal noted that the belief evidence significantly contributed to the guilty verdict. Consequently, the court quashed Connolly's conviction, ordered a retrial, and remanded him on bail to appear before the Special Criminal Court on Monday next.

Who, what, where, when and why

What: Report matter: IRA membership conviction quashed over refusal to view file linked to "belief evidence". Charges or matters: membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA, on December 16th, 2014. Procedural stage: appeal. Findings: Found guilty

When:

• December 16th, 2014 Hearing Or Sentence
• July 10, 2017 Incident
• 2018-06-26 Publication

Why: He said a "perceived or suspected lack of expertise in the subject matter to be reviewed is not itself a reason for a refusal to embark on that task". CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report