Courts / Dublin / Report
IRA conviction quashed after criminal past of key witness emerges
Summary
Robert O'Leary, a 43‑year‑old used‑car salesman from Finglas, had his 2020 conviction for IRA membership quashed on 11 January 2022 after it was revealed that the chief prosecution witness, Nik Kasapi, was a convicted drug dealer whose criminal record had not been disclosed to O'Leary's defence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted that the Director of Public Prosecutions had not opposed the application to quash the conviction and that the circumstances were unusual enough to warrant investigation. O'Leary, who had been in jail since October 2020, was convicted by a Special Criminal Court of membership in the Irish Republican Army (Óglaigh na hÉireann) on 20 August 2019 and sentenced to three years' imprisonment. The court will later decide whether he should face a retrial on the original charge. Robert O'Leary pleaded not guilty.
Who, what, where, when and why
What: Report matter: IRA conviction quashed after criminal past of key witness emerges. Charges or matters: a single count of membership of an unlawful organisation, contrary to Section 21 of the Offences against the State Act 1939, as amended by section 48 of the Criminal Justice (Terrorist Offences) Act 2005; two counts of being in possession of a quantity of drugs for sale or supply at Dublin Circuit Criminal Court in May 2016 and was sentenced to two years and six months' imprisonment. Procedural stage: appeal
When:
- October 2020 Hearing Or Sentence
- June 2019 Hearing Or Sentence
- August 20, 2019 Hearing Or Sentence
- May 2016 Incident
- 2022-01-11 Publication
Case subjects
Appellant
Charges: a single count of membership of an unlawful organisation, contrary to Section 21 of the Offences against the State Act 1939, as amended by section 48 of the Criminal Justice (Terrorist Offences) Act 2005; two counts of being in possession of a quantity of drugs for sale or supply at Dublin Circuit Criminal Court in May 2016 and was sentenced to two years and six months' imprisonment (Alleged Or Contested)
Plea: Not guilty
Outcome: He was sentenced to three years' imprisonment in October 2020 by Mr Justice Tony Hunt. Kasapi, according to the defence, had pleaded guilty to two counts of being in possession of a quantity of drugs for sale or supply at Dublin Circuit Criminal Court in May 2016 and was sentenced to two years and six months' imprisonment.
Places mentioned
- Court of Appeal
- Special Criminal Court
- Dublin
- Dublin Circuit Criminal Court
- Shandon Park
- Clancy Road
- Dublin
Topics
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