Courts / Limerick / Report

Man who read statement threatening Irish in British Army acquitted of IRA membership

Summary

Michael Kiely, 43, of Abbeyvale, Corbally, Limerick, was acquitted by the Special Criminal Court of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 6, 2013. The defendant had pleaded not guilty to the charge. Mr Justice Paul Butler stated that while the court was fully satisfied Kiely read an inflammatory statement containing threats to kill Irish members of the British Army, it had doubt regarding his membership status on the specific date. The statement, read at a graveside commemoration, declared that anyone donning a British Army uniform became a legitimate target. The prosecution relied on the belief evidence of Chief Superintendent Dave Sheehan and inferences drawn from Kiely's failure to answer certain interview questions under Section 2(1) of the Offences Against the State (Amendment) Act 1998. However, the judge noted that the belief evidence was based on privileged confidential information that the accused could not challenge, and thus required independent corroboration. The court found that Kiely's silence in interview did not amount to such corroboration, as he had denied membership and answered similar questions in other interviews. Although the judge found much of Kiely's account regarding his knowledge of the statement to be untrue, the lack of sufficient independent evidence to prove membership resulted in the acquittal.

Who, what, where, when and why

What: Report matter: Man who read statement threatening Irish in British Army acquitted of IRA membership. Charges or matters: membership of an unlawful organisation within the State styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 6, 2013. Procedural stage: finding. Findings: Acquitted

When:

• January 6, 2013 Hearing Or Sentence
• New Year's Day Other
• 2013-12-20 Publication

Case subjects

Places mentioned

Topics

Stage Finding

Related court reports

• Manager at global IT firm denies company 'lied' about position of former Irish employee
• High Court refuses to surrender Limerick man wanted for alleged human trafficking in Greece
• Tipperary man admits attempted murder
• Volunteer who said he was sacked for warning Church officials of 'rogue' relic traders can't pursue case, WRC rules
• Appearance of tips machine in cafe that pulled in €5k unexplained, tribunal notes
• 'You've to get the morning after pill': man who was 18 when he raped girl (15) gets seven years

Read the original CNI report