Courts / Dublin / Report

"Trusted" IRA man fails in appeal based on anonymity of witnesses

Date
2020-04-20
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Jonathan Hawthorn, a 45‑year‑old former IRA member, was convicted of membership in an unlawful organisation and sentenced to five years' imprisonment in October 2018. He appealed on the basis that six witnesses, including an undercover FBI agent and Garda National Surveillance Unit officers, had been granted anonymity. The Court of Appeal held that anonymity was permissible under the Special Criminal Court's rules and that the defence was not disadvantaged. The court noted that the witnesses' anonymity was granted for operational and safety reasons, and that the trial's fairness was not compromised. Consequently, the appeal was dismissed, and Hawthorn's conviction and sentence were upheld. The decision reaffirmed that the Special Criminal Court may grant anonymity to witnesses when justified by security concerns.

Who, what, where, when and why

What: Report matter: "Trusted" IRA man fails in appeal based on anonymity of witnesses. Charges or matters: membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on September 14, 2016. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Unnamed appellant

Appellant

Charges: membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on September 14, 2016 (Proven)

Finding: Found guilty

Outcome: Found guilty; Sentencing him to five years imprisonment in October, 2018, the three-judge court said it was clear Hawthorn's conduct involved deliberate and intentional behaviour, which had the potential for a significant degree of harm, the court held.

Places mentioned

Secondary Mention
Court Venue
  • The Special Criminal Court
  • Court of Appeal
  • Special Criminal Court
Residence
Facility
  • Dolphin House
  • St James's Hospital

Topics

Stage Appeal

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