Courts / Meath / Report

Not guilty verdict directed in IRA trial where gardai refused to release secret material

Summary

The Special Criminal Court directed not guilty verdicts for Laurence Murphy and Ray Kennedy, who had pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh Na hÉireann, otherwise the IRA on March 6th, 2013. Ms Justice Tara Burns ruled that Detective Chief Superintendent Anthony Howard's "belief evidence" was inadmissible due to "issues of unfairness" arising from a "blanket" claim of privilege over underlying material. The judge noted that without this evidence, the case was "inherently tenuous." The ruling also highlighted "worrying aspects" regarding the handling of statements by State's-witness David Cullen, who claimed Murphy was "never a member of the IRA." The court found that the refusal to release secret material to the prosecution or defence prevented meaningful cross-examination. A further charge against Mr Kennedy of carrying out an act intending to pervert the course of justice, by destroying a SIM card on March 6th, 2013, has been adjourned until January 13 next.

Who, what, where, when and why

What: Report matter: Not guilty verdict directed in IRA trial where gardai refused to release secret material. 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 Adjournment
• December 2017 Hearing Or Sentence
• August 2017 Other
• February 2019 Hearing Or Sentence
• March 6th, 2019 Hearing Or Sentence
• October 22nd, 2019 Hearing Or Sentence
• January 13 Adjournment
• 2019-12-05 Publication

Why: The non-jury court today ruled that the head of the Special Detective Unit's "belief evidence" as to the men's IRA membership was inadmissible because "issues of unfairness" arose in light of his "blanket" claim of privilege over the material upon which he based his belief. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial

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Read the original CNI report