Courts / Louth / Report
Legal first sees miscarriage of justice certificate for IRA membership conviction quashed
Summary
The Court of Appeal has overturned a Special Criminal Court (SCC) decision granting a miscarriage of justice certificate to Michael Connolly, a man in his 50s from Dundalk, Co Louth. Connolly was originally convicted of IRA membership in 2017 and sentenced to three years' imprisonment, a conviction later quashed by the Court of Appeal in 2018. Following a retrial in 2019, he was acquitted after the court found that belief evidence from a senior Garda breached the "double-counting" rule. In June 2024, the SCC deemed his original conviction a miscarriage of justice, citing a "grave defect" in the administration of justice. The Director of Public Prosecutions (DPP) sought judicial review, which the High Court dismissed in December 2023. On appeal, Mr Justice Brian O'Moore held that the SCC committed a fundamental error of law by granting the certificate, as it was not a properly available option. The judge stated that while the senior Garda's "careless" evidence was regrettable, it did not justify the certificate. Consequently, the Court of Appeal granted the DPP's order, quashing the SCC's decision under section 9(1)(a)(ii) of the Criminal Procedure Act 1993. This ruling represents a legal first in overturning such a certificate.
Who, what, where, when and why
What: Report matter: Legal first sees miscarriage of justice certificate for IRA membership conviction quashed. Procedural stage: appeal. Findings: Acquitted
When:
- December 16th, 2014 Hearing Or Sentence
- June 2024 Other
- December 2023 Hearing Or Sentence
- December 2024 Hearing Or Sentence
- 2026-07-31 Publication
Case subjects
Appellant
Finding: Acquitted
Outcome: Acquitted; His original conviction in the Special Criminal Court (SCC) in 2017, where he was sentenced to three years imprisonment, was subsequently overturned by the court of Appeal in 2018.
Places mentioned
- Court of Appeal
- Special Criminal Court
- High Court
- Grange Drive
Topics
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