Courts / Ireland / Report

State appeals acquittal in IRA trial where gardai refused to disclose secret material

Summary

The State has commenced an appeal at the Court of Appeal against not guilty verdicts directed during the 2019 Special Criminal Court trial of two men charged with IRA membership. The DPP argues that the trial judge, Ms Justice Tara Burns, erroneously ruled a senior garda's "belief evidence" inadmissible due to a "blanket" privilege claim that prevented meaningful cross-examination. At trial, the judge found the evidence "inherently tenuous" and directed acquittals after 36 days, citing fairness issues arising from An Garda Síochána's refusal to disclose underlying material to the prosecution or defence. Paul O'Higgins SC, for the State, contended the evidence was statutorily admissible and should have been assessed for weight rather than excluded. He noted the DPP's regret over late disclosure and argued the garda's 38 years of experience and other corroborative evidence, including phone and forensic data, supported the case. John D Fitzgerald SC, for the first accused, and Hugh Hartnett SC, for the second accused, defended the trial judge's decision, arguing that strict scrutiny of belief evidence was required and that the State's privilege claim rendered the evidence "valueless." The appeal continues before Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Mr Justice John Edwards.

Who, what, where, when and why

What: Report matter: State appeals acquittal in IRA trial where gardai refused to disclose secret material. Procedural stage: appeal

When:

• 2021-07-01 Publication

Why: During the trial, the Special Criminal Court ruled that a senior garda's "belief evidence" as to the men's IRA membership was inadmissible because "issues of unfairness" arose in light of his "blanket" claim of privilege over the material upon which he based his belief. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report