Courts / Dublin / Report

Non-jury court convicts man of IRA membership

Summary

A Dublin man has been found guilty of IRA membership by the non-jury Special Criminal Court. Conor Metcalfe (28), of Monastery Park, Clondalkin, Dublin 22, was found guilty of membership of an unlawful organisation styling itself the Irish Republican Army on November 24, 2015. The three-judge Special Criminal Court entered a not guilty on Metcalfe's behalf, as he had made no reply when the membership charge was put to him at the start of his trial. The prosecution's case was based on the belief evidence of Detective Chief Superintendent Anthony Howard, who stated he believed Metcalfe was a member of the IRA on November 24, 2015, based on material he had reviewed. This belief evidence was supported by inferences drawn from Metcalfe's failure to answer material questions at interview after gardai had invoked Section 2 of the Offences Against the State Act. Presiding judge Mr Justice Tony Hunt said the 'combined weight of evidence' was sufficient to establish Metcalfe's guilt beyond a reasonable doubt. He noted the 'heavy weight' attached to Metcalfe's failure to answer numerous material questions. Mr Justice Hunt, who sat with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded Metcalfe in custody to January 25 when he will be sentenced. During the trial, Det Sgt Padraig Boyce gave evidence that he observed Patrick Brennan walking out of Metcalfe's house following his arrest. Brennan was jailed for four years for IRA membership in 2005. The court also heard that Metcalfe was asked material questions about his meeting with David Nooney in Blanchardstown on August 7, 2015, and about his fingerprint being on a document found at David Murray's home in March 2015. Murray was convicted of IRA membership in 2017 and jailed for four and a half years. The matter was adjourned for sentencing on January 25.

Who, what, where, when and why

What: Report matter: Non-jury court convicts man of IRA membership. Charges or matters: 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. Findings: Found guilty

When:

• November 24, 2015 Hearing Or Sentence
• January 25 Adjournment
• November 24 Adjournment
• August 7, 2015 Other
• March 2015 Hearing Or Sentence
• 2018-12-19 Publication

Why: In her closing speech, 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

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Read the original CNI report