The Court of Criminal Appeal has dismissed Michael McKevitt’s challenge to his conviction for directing the activities of the Real IRA, leaving his 20-year prison sentence in place.
McKevitt was convicted by the Special Criminal Court in August 2003 after a 27-day trial. He was found guilty of membership of an unlawful organisation and of directing its activities. He received concurrent sentences of six years and 20 years, backdated to his arrest on 29 March 2001.
The appeal principally challenged the directing conviction. The prosecution case depended heavily on US citizen David Rupert, who had become an intelligence source for the FBI and later the British Security Service after developing contacts in republican circles in Ireland.
Rupert told the trial court about meetings with McKevitt in Monaghan, Dundalk, Greenore and elsewhere. He alleged that McKevitt presented himself as leader of the Real IRA and gave him instructions concerning fundraising, contacts in the United States and equipment. Some of Rupert’s evidence was supported by Garda surveillance, including evidence placing both men at a house in Oaklands Park, Dundalk, in February 2000.
McKevitt argued on appeal that disclosure had been inadequate, particularly because much relevant intelligence material was held by overseas agencies. The Court of Criminal Appeal held that prosecutors had made the necessary good-faith efforts to obtain relevant material and that the Special Criminal Court had properly maintained oversight of disclosure throughout the trial.
The appeal court also upheld the trial judges’ assessment that Rupert was credible and reliable. It acknowledged his unusual background, financial arrangements with intelligence agencies and other matters requiring caution, but found that the trial court had scrutinised those issues extensively during lengthy cross-examination.
A separate complaint concerned the late disclosure of a Garda surveillance report from 17 February 2000. The court held that the material did not undermine the fairness of the trial and noted that the defence had been offered an opportunity to recall Rupert for further questioning.
The court also rejected the argument that the membership and directing charges should have been tried separately. The appeal was dismissed in full.