MCKEVITT TO CHALLENGE CONVICTION
McKevitt to challenge conviction
REAL IRA leader Michael McKevitt was yesterday given leave to go to the Supreme Court in the Republic on a point of law in a fresh bid to challenge his conviction for directing terrorism.
McKevitt's counsel Mr Hugh Hartnett SC was allowed to bring a Section 29 application - a point of law of exceptional public importance - to the Supreme Court.
Mr Justice Nicholas Kearns, presiding at the Court of Criminal Appeal, allowed the new hearing on the issue of disclosure.
The defence had sought disclosure of the US tax returns of the main prosecution witness in McKevitt's case, FBI agent and supergrass David Rupert, but this had been denied.
The Supreme Court will now hear arguments on whether the obligations of disclosure by the prosecution in a criminal trial are fulfilled when all reasonable efforts had been made to secure documentary evidence from outside the jurisdiction when the pivotal issue is the credibility of a witness and where there is documentary evidence relevant to his credibility outside the jurisdiction.
Last December the Court of Criminal Appeal dismissed McKevitt's appeal against his conviction for directing terrorism. The court said that the Special Criminal Court was entitled to conclude that the main prosecution witness in the case - FBI agent David Rupert -was a credible witness and to accept his evidence and was correct to convict him for directing terrorism. The court also ruled that all matters relating to disclosure in the trial were properly dealt with by the court.
McKevitt (54), of Beech Park, Blackrock, Co Louth, was jailed for 20 years by the Special Criminal Court in August 2003 after he was convicted of directing the activities of a terrorist organisation between August 29 1999 and October 23 2000.
He was the first person to be convicted in the Republic for the offence, which was introduced after the Real IRA bomb attack in Omagh.
The 1998 bombing killed 29 people, including a woman pregnant with twins.
McKevitt also received a six-year concurrent prison sentence for membership of an illegal organisation which the court said was the Real IRA.
REAL IRA leader Michael McKevitt was yesterday given leave to go to the Supreme Court in the Republic on a point of law in a fresh bid to challenge his conviction for directing terrorism.
McKevitt's counsel Mr Hugh Hartnett SC was allowed to bring a Section 29 application - a point of law of exceptional public importance - to the Supreme Court.
Mr Justice Nicholas Kearns, presiding at the Court of Criminal Appeal, allowed the new hearing on the issue of disclosure.
The defence had sought disclosure of the US tax returns of the main prosecution witness in McKevitt's case, FBI agent and supergrass David Rupert, but this had been denied.
The Supreme Court will now hear arguments on whether the obligations of disclosure by the prosecution in a criminal trial are fulfilled when all reasonable efforts had been made to secure documentary evidence from outside the jurisdiction when the pivotal issue is the credibility of a witness and where there is documentary evidence relevant to his credibility outside the jurisdiction.
Last December the Court of Criminal Appeal dismissed McKevitt's appeal against his conviction for directing terrorism. The court said that the Special Criminal Court was entitled to conclude that the main prosecution witness in the case - FBI agent David Rupert -was a credible witness and to accept his evidence and was correct to convict him for directing terrorism. The court also ruled that all matters relating to disclosure in the trial were properly dealt with by the court.
McKevitt (54), of Beech Park, Blackrock, Co Louth, was jailed for 20 years by the Special Criminal Court in August 2003 after he was convicted of directing the activities of a terrorist organisation between August 29 1999 and October 23 2000.
He was the first person to be convicted in the Republic for the offence, which was introduced after the Real IRA bomb attack in Omagh.
The 1998 bombing killed 29 people, including a woman pregnant with twins.
McKevitt also received a six-year concurrent prison sentence for membership of an illegal organisation which the court said was the Real IRA.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0792
Published Date: 18-Jul-06
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