Courts / Wexford / Report

"Silent" invoking of police powers to enter home "wholly obnoxious to Irish law", appeal court told

Summary

Noel Smith otherwise Smyth, 53, of Gorey, Co Wexford, has appealed his conviction for harassment, making an unwarranted demand with menaces, and money laundering alleged between April and June 2009. At Wicklow Circuit Criminal Court, Smith pleaded not guilty but was found guilty by a jury. On April 7, 2014, Judge Gerard Giffin sentenced him to nine years' imprisonment, with the final three years suspended. The prosecution alleged Smith pressured a named individual to pay for drugs and made threatening calls to the individual's mother. Defence counsel Remy Farrell SC argued that police entry into Smith's dwelling was unlawful, noting Smith was "present with a pitchfork" when gardaí arrived with a warrant under section 29 of the Offences Against the State Act, a provision later ruled unconstitutional. Farrell contended that a detective sergeant's later assertion of section 6 arrest powers was a "legal confection" manufactured after the event, as the officer did not invoke such powers at the time. He described the silent invocation of police entry powers as "wholly obnoxious to Irish law." The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, heard the arguments and reserved judgment. The matter remains pending, with no final decision issued.

Who, what, where, when and why

What: Report matter: "Silent" invoking of police powers to enter home "wholly obnoxious to Irish law", appeal court told. Charges or matters: harassment, making an unwarranted demand with menaces and money laundering between April and June 2009. Procedural stage: appeal. Findings: Found guilty

When:

• June 2009 Hearing Or Sentence
• April 7, 2014 Hearing Or Sentence
• March 2009 Hearing Or Sentence
• 2016-02-08 Publication

Case subjects

Places mentioned

Topics

Drugs Fraud Stage Appeal

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Read the original CNI report