Courts / Dublin / Report
Special Criminal Court rejects second jurisdiction application in two days
Summary
Two men charged with murder will proceed to trial at the Special Criminal Court following the rejection of a jurisdictional challenge this morning. Kenneth Donohoe, aged 42, and Darren Murphy, aged 50, both face allegations relating to the death of Eamon Kelly in December 2012. Defence counsel argued that the Special Criminal Court, established as an emergency measure in 1972, lacked statutory authority to operate on a permanent basis and that trying their clients without a jury breached human rights protections. Presiding judge Mr Justice Alexander Owens ruled that the court was validly established by statute and that the proclamation underpinning it remained in effect. This marks the second such jurisdictional application rejected by the court in two days. A similar challenge brought on behalf of four men accused of offences in County Cavan was dismissed on Tuesday. Both men are scheduled to appear for trial next week.
Who, what, where, when and why
What: Report matter: Special Criminal Court rejects second jurisdiction application in two days. Charges or matters: murder; possession of a firearm with intent to endanger life. Procedural stage: trial
When:
- December 12, 2012 Incident
- 2021-06-03 Publication
Why: "We're not going to knock ourselves out of existence because we don't have the power to do so," said Mr Justice Owens. CNI source report
Case subjects
Accused
Charges: murder; possession of a firearm with intent to endanger life (Alleged Or Contested)
Accused
Charges: murder; possession of a firearm with intent to endanger life (Alleged Or Contested)
Accused
Places mentioned
- Special Criminal Court
- Rory O'Connor House
- Furry Park Road
Topics
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