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State facing compensation bill as conviction of 'Arthur Daley' car salesman for IRA membership declared a miscarriage of justice
Summary
Robert O'Leary, 44, a used‑car dealer from Finglas, was convicted in 2020 by a Special Criminal Court of being a member of the Irish Republican Army for a bomb plot that targeted a PSNI officer in Belfast. The conviction was quashed after it was revealed that the prosecution had not disclosed that the chief witness, Nik Kasapi, was a convicted drug dealer. O'Leary appealed for a miscarriage‑of‑justice certificate under the Criminal Procedure Act 1993. The Court of Appeal granted the certificate, citing a fundamental failure in the trial process. O'Leary's appeal was successful, and the conviction was overturned. He has called for the abolition of the Special Criminal Court, stating he was jailed for a crime he did not commit and that the case should never have gone to court. The case involved a Skoda Octavia sold by O'Leary, which was later used in the bomb plot.
Who, what, where, when and why
What: Report matter: State facing compensation bill as conviction of 'Arthur Daley' car salesman for IRA membership declared a miscarriage of justice. Charges or matters: 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. Findings: Found guilty
When:
- October 2020 Hearing Or Sentence
- August 2019 Hearing Or Sentence
- January 2022 Hearing Or Sentence
- May 2016 Incident
- June 1 Hearing Or Sentence
- 2023-07-28 Publication
Why: He explained that there were a lot of people around his area who wanted to buy cheap cars and they did not have the money to buy "upper end cars". CNI source report
Case subjects
Convicted Person
Charges: 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 (Proven)
Finding: Found guilty
Outcome: Found guilty; Mr O'Leary, of Clancy Road, Finglas, Dublin, was jailed for three years following a Special Criminal Court trial in October 2020 in which he was found guilty by the non-jury court of being a member of a group styling itself as the Irish Republican Army, otherwise Óglaigh na hÉireann, at a location within the State in August 2019. He also said he was "totally innocent" of any wrongdoing saying: "I know nothing about any IRA operations, all I did was sell the car." After his successful appeal, Mr O'Leary called for an end to the Special Criminal Court after describing the ordeal of being "jailed for a crime I did not commit" by the non-jury court as "horrific".
Places mentioned
- Clancy Road
- Dublin
- Special Criminal Court
- Court of Appeal
- Dublin
- Dublin Circuit Criminal Court
Topics
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