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IRA member to be sentenced next week

Summary

A Dublin man found guilty of IRA membership will be sentenced next week at the non-jury Special Criminal Court. Conor Metcalfe (28), of Monastery Park, Clondalkin, Dublin 22, was found guilty by the three-judge court in December of membership of an unlawful organisation styling itself the Irish Republican Army (IRA) on November 24, 2015. The court had entered a not guilty plea 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. Mr Justice Tony Hunt, presiding, said that 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 regarding his activities and those of other convicted IRA members. At today's sentence hearing, Detective Inspector William Hanrahan summarised the facts of the case. Det Insp Hanrahan noted that Metcalfe had 13 previous convictions dating back to 2009, including criminal damage, public order offences, and drunk driving. In mitigation, defence counsel Paul Greene SC asked the court to consider that his client was in a long-standing relationship and had four children. He also highlighted that Metcalfe qualified as a weaver in 2015 and had used his time productively in prison taking various courses. Another mitigating factor was that Metcalfe lost his father in 2006 and was of assistance to his widowed mother. Mr Greene stated this was his client's first serious conviction. During the trial, Det Sgt Padraig Boyce gave evidence that he observed Patrick Brennan walking out of Metcalfe's house following his arrest on November 24. Brennan was jailed for four years for IRA membership in 2005. Prosecuting counsel Anne-Marie Lawlor SC noted 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. Ms Lawlor said that Metcalfe adopted a mantra of 'I am not a member of the IRA' when questions were put to him in these interviews. Mr Justice Hunt, who sat with Judge Sinéad Ní Chúlacháin and Judge Cormac Dunne, remanded Metcalfe in custody to next Friday, when he will be sentenced.

Who, what, where, when and why

What: Report matter: IRA member to be sentenced next week. 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
• December 19 Hearing Or Sentence
• November 24 Incident
• August 7, 2015 Other
• March 2015 Hearing Or Sentence
• 2019-01-25 Publication

Why: Ms Lawlor submitted in her closing speech that the defendant 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

Places mentioned

Topics

Public Order Stage Sentence

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Read the original CNI report