Courts / Meath / Report

DPP's treatment of court ruling "impossible to understand", defence say

Summary

In a Special Criminal Court hearing on 3 December 2019, defence counsel Hugh Hartnett SC and John D Fitzgerald SC challenged the admissibility of a senior Garda's "belief evidence" that Laurence Murphy (62) and Ray Kennedy (40) were members of the IRA. They argued the evidence was "valueless" and that the Director of Public Prosecutions had treated the court's rulings with "casualness", making the process "impossible to understand". The defence noted that no prosecution for IRA membership has relied on belief evidence since 1972 and that the Garda's belief was formed from material held by the Gardaí in December 2017, which had not been disclosed to the prosecution, defence or judges. They also highlighted that the Garda's claim of privilege was broad, that cross‑examination was "sterile", and that the Assistant Commissioner had not made the Garda aware of a statement by David Cullen that Murphy was "never a member of the IRA". Laurence Murphy pleaded not guilty. Ray Kennedy pleaded not guilty.

Who, what, where, when and why

What: Report matter: DPP's treatment of court ruling "impossible to understand", defence say. Charges or matters: membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013. Procedural stage: trial

When:

• March 6th, 2013 Hearing Or Sentence
• February 2019 Hearing Or Sentence
• December 2017 Hearing Or Sentence
• March 6th, 2019 Hearing Or Sentence
• October 22nd, 2019 Hearing Or Sentence
• 2019-12-03 Publication

Why: However, in an application for Det Chief Supt Howard's evidence to be ruled inadmissible and, in absence of that, for the case to discontinue, John D Fitzgerald SC, for Mr Kennedy, told the court today that because of Det Chief Supt Howard's "very, very broad claim of privilege in this case", his cross-examination of Det Chief Supt Howard was "one of the more sterile exercises I've had to conduct". CNI source report

Case subjects

Places mentioned

Topics

Stage Trial

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Read the original CNI report