JUDGE RULES RIRA 'NOT PROSCRIBED'
Judge rules RIRA 'not proscribed'
IN A landmark judgment, which could have far reaching legal and political ramifications, four Co Tyrone men were cleared of membership of the Real IRA after a senior judge ruled that the dissident group was not a proscribed organisation.
In his judgment, handed down yesterday at Belfast Crown Court, Mr Justice Paul Girvan held "that the Real Irish Republican Army is not a proscribed organisation for the purposes of Section 3 of the Terrorism Act 2000."
Mr Justice Girvan said under the section an organisation is proscribed, only if it is listed under Schedule 2 of the act or operates under the same name as a listed organisation.
However, the judge said that while the schedule listed the IRA: "Schedule 2 of the act does not include any organisation called or known as the Real Irish Republican Army."
His decision rules out the possibility of any member of the dissident group being convicted solely of membership of the RIRA.
Logically the ruling also precludes anyone being convicted of membership of the Continunity IRA as this dissident group is also not listed under Schedule 2 of the Terrorism Act.
While prosecutions for membership of the two organisations may now have been ruled out in Northern Ireland, such prosecutions and convictions continue in the Republic after the Supreme Court there threw out a similar legal argument.
On Monday a former director of operations of the RIRA, Liam Campbell, who is also being sued by the families of the Omagh bombing, attributed to Continunity IRA, was jailed for eight years by the Special Criminal Court in Dublin after the court heard from gardai that he was a member of the RIRA.
Mr Justice Girvan's acquittal in Belfast of the Tyrone men of RIRA membership on Tuesday followed objections by defence lawyer Martin O'Rourke to Assistant Chief Constable Stephen White being called to give similar evidence, saying it was his opinion the men were members of the dissident group.
The prosecution argued that because the RIRA was named as a separate organisation under the earlier Northern Ireland Sentencing Act 1998, steming from the Good Friday Agreement, the dissidents were operating under the name of the IRA and therefore the absence of the word 'Real' did not detract from that fact.
However, Mr Justice Girvan said that he "must reject the Crown argument."
And he added: "The Real Irish Republican Army is identified by the state under the 1998 act as a separate and distinct organisation whose adherents in the eyes of the law merit different treatment from members of the Irish Republican Army, who signed up to a ceasefire."
Mr Justice Girvan said that Section 3 of the Terrorism Act "requires us to focus on the question whether the organisation of which the accused is an alleged member operates as an organisation under the name specified in the schedule."
The judge said one way of "testing the point" was to consider the case of a person who, after the IRA ceasefire, decided to continue with violent republicanism and "links himself to the group known as the Real Irish Republican Army".
In such circumstances, argued Mr Justice Girvan, it "would be difficult to see how that person could be said to have become a member of the Irish Republican Army as an organisation".
The judge said that person may consider himself a member of the RIRA, may even consider the dissident group continuing the traditions of the IRA, "but the organisation to which he belongs is not the same organisation (IRA), because they, (RIRA - IRA) are pursuing a different course of criminal activity".
Mr Justice Girvan said had he accepted the prosecution argument that the RIRA was an organisation operating under the name of the IRA, "the Crown would have to adduce evidence to establish that the organisation to which it is alleged the defendants belonged, carried on its operation and activities under the name of the Irish Republican Army".
Although acquitted of RIRA membership, the four Tyrone men, 33-year-old Donald Mullan from Firmount Park, Dungannon, Coalisland men, Sean Dillion (27) of Roughan Way and Kevin Murphy (33), of Altmore Park, and 26-year-old Brendan O'Connor of Cavanoneill Road, Pomeroy, are still on trial accused of conspiracy to murder and possession of a rocket launcher in February 2002.
The prosecution case is expected to be formally closed today, after which lawyers for the defendants will be arguing that for legal reasons their trial should be stopped and they acquitted of the remaining charge they face.
IN A landmark judgment, which could have far reaching legal and political ramifications, four Co Tyrone men were cleared of membership of the Real IRA after a senior judge ruled that the dissident group was not a proscribed organisation.
In his judgment, handed down yesterday at Belfast Crown Court, Mr Justice Paul Girvan held "that the Real Irish Republican Army is not a proscribed organisation for the purposes of Section 3 of the Terrorism Act 2000."
Mr Justice Girvan said under the section an organisation is proscribed, only if it is listed under Schedule 2 of the act or operates under the same name as a listed organisation.
However, the judge said that while the schedule listed the IRA: "Schedule 2 of the act does not include any organisation called or known as the Real Irish Republican Army."
His decision rules out the possibility of any member of the dissident group being convicted solely of membership of the RIRA.
Logically the ruling also precludes anyone being convicted of membership of the Continunity IRA as this dissident group is also not listed under Schedule 2 of the Terrorism Act.
While prosecutions for membership of the two organisations may now have been ruled out in Northern Ireland, such prosecutions and convictions continue in the Republic after the Supreme Court there threw out a similar legal argument.
On Monday a former director of operations of the RIRA, Liam Campbell, who is also being sued by the families of the Omagh bombing, attributed to Continunity IRA, was jailed for eight years by the Special Criminal Court in Dublin after the court heard from gardai that he was a member of the RIRA.
Mr Justice Girvan's acquittal in Belfast of the Tyrone men of RIRA membership on Tuesday followed objections by defence lawyer Martin O'Rourke to Assistant Chief Constable Stephen White being called to give similar evidence, saying it was his opinion the men were members of the dissident group.
The prosecution argued that because the RIRA was named as a separate organisation under the earlier Northern Ireland Sentencing Act 1998, steming from the Good Friday Agreement, the dissidents were operating under the name of the IRA and therefore the absence of the word 'Real' did not detract from that fact.
However, Mr Justice Girvan said that he "must reject the Crown argument."
And he added: "The Real Irish Republican Army is identified by the state under the 1998 act as a separate and distinct organisation whose adherents in the eyes of the law merit different treatment from members of the Irish Republican Army, who signed up to a ceasefire."
Mr Justice Girvan said that Section 3 of the Terrorism Act "requires us to focus on the question whether the organisation of which the accused is an alleged member operates as an organisation under the name specified in the schedule."
The judge said one way of "testing the point" was to consider the case of a person who, after the IRA ceasefire, decided to continue with violent republicanism and "links himself to the group known as the Real Irish Republican Army".
In such circumstances, argued Mr Justice Girvan, it "would be difficult to see how that person could be said to have become a member of the Irish Republican Army as an organisation".
The judge said that person may consider himself a member of the RIRA, may even consider the dissident group continuing the traditions of the IRA, "but the organisation to which he belongs is not the same organisation (IRA), because they, (RIRA - IRA) are pursuing a different course of criminal activity".
Mr Justice Girvan said had he accepted the prosecution argument that the RIRA was an organisation operating under the name of the IRA, "the Crown would have to adduce evidence to establish that the organisation to which it is alleged the defendants belonged, carried on its operation and activities under the name of the Irish Republican Army".
Although acquitted of RIRA membership, the four Tyrone men, 33-year-old Donald Mullan from Firmount Park, Dungannon, Coalisland men, Sean Dillion (27) of Roughan Way and Kevin Murphy (33), of Altmore Park, and 26-year-old Brendan O'Connor of Cavanoneill Road, Pomeroy, are still on trial accused of conspiracy to murder and possession of a rocket launcher in February 2002.
The prosecution case is expected to be formally closed today, after which lawyers for the defendants will be arguing that for legal reasons their trial should be stopped and they acquitted of the remaining charge they face.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0697
Published Date: 27-May-04
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