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Court of Appeal dismisses appeal of conviction for membership of an unlawful organisation in the Special Criminal Court, finding that: a) the arrest of the appellant was lawful; b) the trial court was entitled to have accepted the belief evidence of a senior garda; c) the accused had failed to answer material questions within the meaning of the legislation, and it was proper that adverse inferences were drawn; and d) the trial court was entitled to conclude that the accused was in possession of the explosives.
Criminal law – appeal of conviction for membership of an unlawful organisation in the Special Criminal Court – s. 21 of the Offences against the State Act 1939 as amended by s. 48 of the Criminal Justice (Terrorist Offences) Act 2005 – adverse inferences – whether the arrest was lawful – whether the court ought to have accepted the belief evidence of a senior garda – whether the accused had failed to answer material questions within the meaning of the Offences Against the State (Amendment) Act 1998 – whether the trial court erroneously concluded that the accused was in possession of the explosives – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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