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Belief evidence is "fulcrum" of case against IRA accused, court told
Summary
The belief evidence of Detective Chief Superintendent Anthony Howard that Conor Metcalfe (28) was a member of the IRA on November 24, 2015, forms the central point of the case against him, the Special Criminal Court has heard. Metcalfe, who is charged with membership of an unlawful organisation styling itself the Irish Republican Army, has not entered a plea and a not guilty plea has been entered on his behalf. Anne-Marie Lawlor SC, closing the prosecution case, stated that Howard's belief evidence is supported by inferences drawn from Metcalfe's failure to answer material questions during interviews, following the invocation of Section 2 of the Offences Against the State Act. Lawlor highlighted the nexus between Metcalfe and Patrick Brennan, who was jailed for four years for IRA membership in 2005, and David Nooney, who was jailed for three years and nine months for IRA membership earlier this year. She also referenced Metcalfe's fingerprint being found on a document at David Murray's home, where Murray was jailed for four and a half years for IRA membership in 2017. Paul Greene SC, defending Metcalfe, argued that the case has unusual aspects and that the appropriate verdict is not guilty. He contended that the questions put to Metcalfe failed to meet standards and that Howard's belief evidence should be weighed carefully. The matter was adjourned, with Mr Justice Tony Hunt, presiding, sitting with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanding Metcalfe on continuing bail until December 19, when the court will deliver judgement on the case.
Who, what, where, when and why
What: Report matter: Belief evidence is "fulcrum" of case against IRA accused, court told. Charges or matters: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 24, 2015; IRA membership in 2017 and jailed for four and a half years. "In respect of the questions that weren't answered, I will be asking the court to draw inferences," she said. Procedural stage: sentence
When:
- November 24, 2015 Incident
- November 24 Incident
- August 7, 2015 Other
- March 2015 Hearing Or Sentence
- November 2015 Other
- December 19 Adjournment
- 2018-11-08 Publication
Why: Ms Lawlor submitted that the accused chose not to answer multiple questions relating to Patrick Brennan because he knew Brennan was a convicted member of the IRA and his answers would not stand up to scrutiny. CNI source report
Case subjects
Accused
Charges: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 24, 2015; IRA membership in 2017 and jailed for four and a half years. "In respect of the questions that weren't answered, I will be asking the court to draw inferences," she said (Alleged Or Contested)
Outcome: Brennan was jailed for four years for IRA membership in 2005. Nooney was jailed for three years and nine months for IRA membership earlier this year.; Mr Justice Tony Hunt, presiding, sitting with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded Mr Metcalfe on continuing bail until December 19, when the court will deliver judgement on the case.
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