Courts / Louth / Report
Lisa Smith's move to ISIS territory not proof of terrorist charge, lawyers argue
Summary
In a Court of Appeal hearing on 11 April 2025, Lisa Smith's lawyers argued that living in an area where ISIS operated could not prove membership in an unlawful organisation. Defence Senior Counsel Michael O'Higgins contended that the Special Criminal Court's conviction of Smith in 2022, based on her travel to Syria in 2015 and a Facebook messenger statement, lacked evidence of active membership such as organising, recruiting or receiving benefits. He highlighted that Smith had claimed she never joined ISIS, stating she was there to live under Sharia law in compliance with her Muslim beliefs. Tony McGillicuddy SC for the DPP countered that the court had considered her travel and social media activity as evidence of intent to participate. The appeal hearing was adjourned to 28 April for a final decision. The unnamed 42-year-old pleaded not guilty.
Who, what, where, when and why
What: Report matter: Lisa Smith's move to ISIS territory not proof of terrorist charge, lawyers argue. Charges or matters: membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019. Procedural stage: appeal
When:
- October 28th, 2015 Hearing Or Sentence
- December 1st, 2019 Hearing Or Sentence
- April 28 Adjournment
- 2025-04-11 Publication
Why: By Fiona Magennis Former soldier Lisa Smith's lawyers have argued that no self-respecting legal system could convict her of being a member of an unlawful organisation simply because she lived in an area where Islamic State operated, and even if she were a sympathiser; that does not prove she was a member. CNI source report
Case subjects
Appellant
Charges: membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019 (Alleged Or Contested)
Plea: Not guilty
Outcome: She was subsequently refused an appeal against a 15-month sentence and has now lodged an appeal against her conviction.; He said the law in relation to membership refers to actions such as directing, training, recruiting and assisting an unlawful organisation, and every one of those offences involved "active measures". "The definition applied here was that when Lisa Smith was sleeping at night, she was an active member," he said. "You couldn't get a more passive action." Tony McGillicuddy SC, For the Director of Pub
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