Courts / Monaghan / Report
IRA man's conviction appeal is dismissed
Summary
The Court of Appeal has dismissed the appeal of James Joseph Cassidy, a 57-year-old Monaghan mechanic, against his conviction for membership of the IRA. Cassidy was originally convicted by the Special Criminal Court in March 2019 of belonging to an unlawful organisation on September 21, 2016, and sentenced to four years in prison. The appeal challenged the admissibility of belief evidence provided by Chief Superintendent Christopher Mangan, arguing that Mangan was biased because he had extended Cassidy's detention during the investigation. The Court of Appeal rejected all ten grounds of appeal, finding that the Special Criminal Court took scrupulous care to exclude prior material and avoid double-counting evidence. The court determined that the likelihood of anyone other than Cassidy placing a booster tube in his shed was remote and fanciful. It further held that no statutory provision prohibits a senior officer involved in an investigation from forming the required belief under section 3(2) of the 1972 Act. Consequently, the appeal was dismissed, and the original conviction and sentence stand.
Who, what, where, when and why
What: Report matter: IRA man's conviction appeal is dismissed. Procedural stage: appeal. Findings: Convicted
When:
- March 2019 Hearing Or Sentence
- September 21, 2016 Hearing Or Sentence
- September 2016 Incident
- 2020-05-01 Publication
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; He was jailed for four years. Cassidy's counsel had argued that Chief Supt Mangan extended his detention during the investigation and was therefore biased in coming to his belief regarding him being a member of the IRA.
Places mentioned
- Court of Appeal
- Special Criminal Court
Topics
Related court reports
- Volunteer who said he was sacked for warning Church officials of 'rogue' relic traders can't pursue case, WRC rules
- Brave Paddy Power worker helped unmask repeat robber
- 'Monster' Derek Boyd gets life for murder, with sentence for killing sister referred back to circuit court
- Museum employee charged with possessing bomb tells court he wants to reapply for bail 'at earliest chance'
- Explosive device allegedly stored in National Museum at Collins' Barracks
- Ex-garda seeks allowance for services to Irish-language communities
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request