Courts / Ireland / Report

Rights Commission given permission to intervene in criminal case, in first for Irish courts

Summary

The Court of Appeal has granted the Irish Human Rights and Equality Commission (IHREC) permission to intervene as amicus curiae in a criminal appeal, a first for Irish courts. The Director of Public Prosecutions (DPP) is appealing the Special Criminal Court's acquittal of two men charged with IRA membership. Last year, the non-jury court directed acquittals after Gardaí refused to disclose secret material underpinning Detective Chief Superintendent Anthony Howard's "belief evidence." The court ruled this evidence inadmissible due to unfairness arising from a blanket privilege claim, noting the remaining evidence was "inherently tenuous." Justice Tara Burns also cited "worrying aspects" of Howard's evidence in light of claims by State's-witness David Cullen. The DPP is appealing with prejudice, meaning a successful appeal could allow the men to be retried. The appeal is listed for July. While the DPP argued such intervention was unprecedented in criminal proceedings and might affect the balance, the IHREC maintained its role was not to favor either side. Court President Justice George Birmingham acknowledged the application was "effectively unknown" but confirmed the court's jurisdiction to accept it. He noted the IHREC's commitment to keeping its intervention "confined and focused." The court ordered the DPP and IHREC to file submissions within 14 days, while the respondents must submit theirs by Thursday. The IHREC stated the case raises significant human rights issues regarding the balance between protecting Garda investigations and ensuring a fair trial.

Who, what, where, when and why

What: Report matter: Rights Commission given permission to intervene in criminal case, in first for Irish courts. Procedural stage: appeal

When:

• 2021-05-18 Publication

Why: When it was not, the court ruled that this 'belief evidence' as to the men's IRA membership was inadmissible because 'issues of unfairness' arose in light of his 'blanket' claim of privilege. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report