Courts / Louth / Report

IRA conviction declared a miscarriage of justice

Summary

The Special Criminal Court has declared the 2017 conviction of Michael Connolly a miscarriage of justice. Connolly, of Dundalk, County Louth, had pleaded not guilty to membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on December 16, 2014. He spent 14 months and 22 days in custody following his initial conviction. The court found a "grave defect" in the administration of justice caused by Garda Assistant Commissioner Michael O'Sullivan. O'Sullivan had asserted during the original trial that none of the material forming the basis of his belief was in the Book of Evidence. The court described this assertion as "seriously incomplete and misleading" and "careless," noting it prevented the issue of "double counting" from being properly examined. Although the court found beyond reasonable doubt that O'Sullivan genuinely believed Connolly was an IRA member and that evidence implicated Connolly in transporting two improvised explosive devices, it could not rely on the belief evidence as independent. The court concluded that if the double counting issue had been properly considered, the original court would likely have been compelled to acquit. This decision follows a 2018 Court of Appeal ruling that set aside the conviction and ordered a retrial, and a 2019 retrial in which Connolly was acquitted. The court approved the certificate for the Miscarriage of Justice application.

Who, what, where, when and why

What: Report matter: IRA conviction declared a miscarriage of justice. 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 Incident
• December 16 Other
• June 2018 Hearing Or Sentence
• March 22 Hearing Or Sentence
• June 1 2017 Hearing Or Sentence
• May 22, 2019 Hearing Or Sentence
• April 2019 Hearing Or Sentence
• December 16 2014 Hearing Or Sentence
• 2021-04-12 Publication

Why: In order to convict, the court needs to be satisfied that the belief evidence is supported by some other evidence that implicates the accused. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report