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DPP should view garda files where 'belief evidence' used, human rights commission say

Summary

The Court of Appeal heard an appeal by the Director of Public Prosecutions against the directed acquittal of two men on a charge of IRA membership. The Special Criminal Court had ruled the 'belief evidence' of a Chief Superintendent inadmissible after Gardaí refused to disclose underlying files, citing State security. The trial judge found the evidence 'inherently tenuous' without disclosure. The DPP appeals with prejudice, arguing the evidence was statutorily admissible and that fairness issues could be managed by weight. Counsel for the first accused argued the trial judge correctly excluded the evidence due to a 'blanket' privilege claim, describing the trial as 'nearing the stage where this is just a farce.' Counsel for the second accused adopted these submissions, noting the key witness stated his client was not an IRA member. The Irish Human Rights and Equality Commission intervened, arguing that prosecution counsel must have oversight of the garda files to ensure proportionality and independence. They submitted that the DPP should view the files to understand the basis of the belief evidence. The Commission stated that lack of access to the files was 'subversive of independence.' The Court of Appeal, comprising President Justice George Birmingham, Justice Isobel Kennedy, and Justice John Edwards, reserved its decision.

Who, what, where, when and why

What: Report matter: DPP should view garda files where 'belief evidence' used, human rights commission say. Charges or matters: IRA membership. Procedural stage: appeal

When:

• 2021-07-02 Publication

Why: However, lawyers for the Commission argued today that 'significant safeguards' were required to ensure that such evidence remains a proportionate measure in these cases and also in order to maintain balance. CNI source report

Case subjects

Places mentioned

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Stage Appeal

Read the original CNI report