Courts / Dublin / Report

Evidence of Garda Security Chief in trial of seven accused of IRA membership ruled inadmissible

Date
2015-03-10

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

The Special Criminal Court ruled that the opinion evidence of Garda Chief Superintendent Peter Kirwan, who claimed that seven Dublin men were IRA members, was inadmissible because the defence was not informed beforehand that telephone intercepts underpinned his opinion. Kirwan had previously told the court that he believed, based on confidential information, that all seven accused were IRA members, and he claimed privilege over the sources. During cross‑examination he admitted the evidence was based on human sources and telephone intercepts. Justice Paul Butler declared a basic unfairness of procedure and ordered the belief evidence to be excluded. The trial was adjourned to Friday while the prosecution awaited instructions from the Director of Public Prosecutions. The seven men—Kevin Braney, Des Christie, Hubert Duffy, William Jackson, Declan Phelan, John Brock and Darren Murphy—had pleaded not guilty to membership of an illegal organisation, the IRA, on 29 March 2013.

Who, what, where, when and why

What: Report matter: Evidence of Garda Security Chief in trial of seven accused of IRA membership ruled inadmissible. Charges or matters: membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on March 29th, 2013. Procedural stage: trial

When:

March 29th, 2013 Hearing Or Sentence
2015-03-10 Publication

Why: The Special Criminal Court has ruled that it cannot accept the opinion evidence of a Garda Chief Superintendent that seven Dublin men are IRA members because there was not full disclosure in advance to the defence that telephone intercepts were part of the basis for his opinion. Defence account reported by CNI