Case No. 30941Membership of a proscribed organisation (IRA) · Co. Dublin

DPP appeal against IRA membership acquittal heard in Court of Appeal

The Court of Appeal heard the DPP's appeal against the directed acquittal of two men on a charge of IRA membership, with the Irish Human Rights and Equality Commission intervening for the first time in a criminal case to argue that the DPP should be able to see the Garda files underlying 'belief evidence' used in such trials.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court2 Jul
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
10 statements extracted from the articles
  • courtThe Irish Human Rights and Equality Commission told the Court of Appeal that the DPP should see the Garda files underlying belief evidence (irishtimes.com)
  • courtThe Commission was given permission to intervene in a criminal case for the first time in Irish courts (irishtimes.com)
  • courtThe DPP is appealing against the acquittal of two men on a charge of IRA membership (irishtimes.com)
  • courtThe acquittal was directed by the Special Criminal Court after gardaí refused to release secret material (irishtimes.com)
  • courtThe trial before the Special Criminal Court lasted 36 days (irishtimes.com)
  • courtMs Justice Tara Burns said without the belief evidence the case was inherently tenuous and the court could not convict (irishtimes.com)
  • courtThe DPP wrote to An Garda Síochána requesting sight of the files but was refused citing State security reasons (irishtimes.com)
  • courtJudgement was reserved by Court President Justice George Birmingham sitting with Justices Kennedy and Edwards (irishtimes.com)
  • otherThe Commission argued the DPP should view the Garda file in advance of such trials to understand what the chief superintendent derives his belief from (irishtimes.com)
  • otherThe Commission said not being privy to the file is subversive of the DPP's independence (irishtimes.com)

The reporting

newest first
  1. 2 Jul2021
    Gardaí should disclose material to DPP in secret IRA cases, court hears

    Reports on the Court of Appeal hearing where the Irish Human Rights and Equality Commission intervened in the DPP's appeal, arguing the DPP should see the underlying Garda files; judgement reserved by Court President Justice George Birmingham.

    accused, maleaccused, male