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Court of Appeal dismisses appeal against conviction for membership of an unlawful organisation, on the grounds, inter alia, that: (a) the findings of a different panel of the Special Criminal Court trying the offence of withholding information as to the lawfulness of the appellant's arrest were not binding in respect of the trial of the membership charge; (b) the findings of fact made by the Special Criminal Court as to the lawfulness of the arrest were findings that were open to the court and were supported by the evidence heard; and (c) no errors were made in admitting certain evidence.
Appeal against conviction for membership of the IRA - appellant previously acquitted of offence of withholding information - offences had been part of same indictment but were severed for procedural reasons - finding in earlier trial that arrest of appellant on suspicion of membership offence had been unlawful, though acquittal did not turn on this - whether Special Criminal Court erred in law and in fact in holding that issue estoppel did not operate in the circumstances of this particular case - whether it was unfair to the appellant to re-open findings made about his alleged membership of an illegal organisation in his trial for withholding information - whether s. 34 of Criminal Procedure Act 1967 applied - whether arrest was lawful - whether certain evidence should have been admitted - whether decision in DPP v. Farrell applied - whether evidence went beyond that of which the defence were on notice.
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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