Courts / Louth / Report
Defence in Lisa Smith trial challenge legality of arrest
Summary
In a Special Criminal Court hearing on 31 January 2022, lawyers for former Irish soldier Lisa Smith, who denies membership of Islamic State, challenged the legality of her 2019 arrest. Michael O'Higgins SC argued that Smith was detained under the Offences Against the State Act 1939, which does not cover offences alleged to have occurred outside Ireland, and that she should have been charged under the 2005 Criminal Justice (Terrorist Offences) Act instead. Sean Gillane SC, representing the Director of Public Prosecutions, noted that Detective Sergeant Gareth Kane had testified that he suspected Smith of membership in an illegal organisation at the time of arrest, an offence under the 1939 Act, and that prosecutors may have altered their suspicions later. Judge Tony Hunt was to deliver a judgment the following day. Smith, aged 39 from Dundalk, Co. Louth, remains in the Special Criminal Court, having pleaded not guilty to membership of an unlawful terrorist group and to financing terrorism.
Who, what, where, when and why
What: Report matter: Defence in Lisa Smith trial challenge legality of arrest. Charges or matters: offences under the 2005 Criminal Justice (Terrorist Offences) Act and should not have been detained using the old act; an offence by another garda; membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019; financing terrorism by sending €800 in assistance, via a Western Union money transfer, to a named man on May 6th, 2015. Procedural stage: trial
When:
- December 1, 2019 Incident
- December 4 Incident
- October 28th, 2015 Incident
- December 1st, 2019 Incident
- May 6th, 2015 Hearing Or Sentence
- 2022-01-31 Publication
Case subjects
Accused
Charges: offences under the 2005 Criminal Justice (Terrorist Offences) Act and should not have been detained using the old act; an offence by another garda; membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019; financing terrorism by sending €800 in assistance, via a Western Union money transfer, to a named man on May 6th, 2015 (Alleged Or Contested)
Plea: Not guilty
Places mentioned
- Special Criminal Court
- her to Kevin St Garda Station
Topics
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