Courts / Louth / Report
Acquitted IRA prisoner suffered 'classic case of miscarriage of justice', lawyers say
Summary
A man acquitted of IRA membership in the Special Criminal Court has had his case examined for miscarriage of justice findings. Michael Connolly, aged 47 from County Louth, was convicted in 2017 of membership of an unlawful organisation following his arrest in Convoy, Donegal. He spent over fourteen months in custody before the Court of Appeal quashed his conviction in 2018, citing the trial court's refusal to examine intelligence files underlying the Assistant Commissioner's belief evidence. A retrial in 2019 resulted in acquittal. At a recent hearing, Connolly's legal representatives argued the original conviction constituted a classic miscarriage of justice, contending that belief evidence had been formed using case materials in breach of the rule against double counting. They highlighted that disclosure of intelligence file extracts during the retrial directly contradicted the Assistant Commissioner's previous testimony. The Director of Public Prosecutions opposed the miscarriage of justice application, arguing acquittal did not automatically warrant such certification. The three-judge panel reserved judgement. Michael Connolly pleaded not guilty.
Who, what, where, when and why
What: Report matter: Acquitted IRA prisoner suffered 'classic case of miscarriage of justice', lawyers say. Charges or matters: membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on December 16, 2014. Procedural stage: appeal. Findings: Acquitted
When:
- December 16, 2014 Hearing Or Sentence
- June 2019 Hearing Or Sentence
- December 16 Other
- June 1 2017 Hearing Or Sentence
- May 22, 2019 Hearing Or Sentence
- June 2018 Hearing Or Sentence
- April 2019 Hearing Or Sentence
- December 16 2014 Hearing Or Sentence
- 2021-03-22 Publication
Why: In June 2019, the three judges of the Special Criminal Court found that it could not be satisfied that the belief evidence given by Garda Assistant Commissioner Michael O'Sullivan was independent of the evidence upon which the prosecution relied on in order to support that belief. Prosecution account reported by CNI
Case subjects
Defendant
Charges: membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on December 16, 2014 (Alleged Or Contested)
Plea: Not guilty
Finding: Acquitted
Outcome: Acquitted
Places mentioned
Topics
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