MCKEVITT TRIAL ON COURSE FOR FEBRUARY 11
McKevitt trial on course for February 11
MICHAEL McKevitt, the alleged leader of the Real IRA, will stand trial in the High court in Dublin next month.
Attempts by his defence team to take judicial review proceedings over prosecution documents, were thwarted by Justice O'Neill.
The judicial review would have been to challenge a decision refusing further disclosure of documents relating to FBI agent David Rupert, the main witness against him in the forthcoming trial.
McKevitt, who heads the organisation which claimed responsibility for the Omagh bomb, is the first person in the South to be charged with the offence of directing terrorism.
At an earlier Court, the court refused an application by McKevitt for further disclosure of documents, particularly material in the possession of the British Security Service and FBI relating to the credibility of Mr Rupert.
Layers for McKevitt applied to Justice O'Neill last month for leave to challenge that refusal in judicial review proceedings. Although such applications are normally ex parte, his lawyers did not object to submissions on the matter being made on behalf of the DPP
The Judge heard submissions over three days from both sides with the DPP contending that it had met its disclosures in full 'warts and all' and he said the application was an effort to prevent McKevitt ever being tried.
In his reserved judgement yesterday, the judge said McKevitt had not advanced any arguable case in law for the granting of leave.
The crux of McKevitt's complaint related to edited documents which were disclosed and other documents in the possession of foreign security agencies which were not disclosed.
The judge said there was always a suspicion that other documents existed and this was apart of the disclosure process. The Special Court and the prosecution would have an ongoing role regarding disclosure during the trial. If evidence emerged of the existence of documents which should be disclosed, an application could be made to the trial court.
Michael McKevitt goes on trial before the non-jury Special Criminal Court on February 11.
He has the option at this stage to appeal against ruling of Justice O'Neill to the Supreme Court and his legal team said it was considering that. However, the Supreme Court is likely to facilitate an early hearing of the appeal and if McKevitt is again unsuccessful, his trial will proceed as scheduled.
MICHAEL McKevitt, the alleged leader of the Real IRA, will stand trial in the High court in Dublin next month.
Attempts by his defence team to take judicial review proceedings over prosecution documents, were thwarted by Justice O'Neill.
The judicial review would have been to challenge a decision refusing further disclosure of documents relating to FBI agent David Rupert, the main witness against him in the forthcoming trial.
McKevitt, who heads the organisation which claimed responsibility for the Omagh bomb, is the first person in the South to be charged with the offence of directing terrorism.
At an earlier Court, the court refused an application by McKevitt for further disclosure of documents, particularly material in the possession of the British Security Service and FBI relating to the credibility of Mr Rupert.
Layers for McKevitt applied to Justice O'Neill last month for leave to challenge that refusal in judicial review proceedings. Although such applications are normally ex parte, his lawyers did not object to submissions on the matter being made on behalf of the DPP
The Judge heard submissions over three days from both sides with the DPP contending that it had met its disclosures in full 'warts and all' and he said the application was an effort to prevent McKevitt ever being tried.
In his reserved judgement yesterday, the judge said McKevitt had not advanced any arguable case in law for the granting of leave.
The crux of McKevitt's complaint related to edited documents which were disclosed and other documents in the possession of foreign security agencies which were not disclosed.
The judge said there was always a suspicion that other documents existed and this was apart of the disclosure process. The Special Court and the prosecution would have an ongoing role regarding disclosure during the trial. If evidence emerged of the existence of documents which should be disclosed, an application could be made to the trial court.
Michael McKevitt goes on trial before the non-jury Special Criminal Court on February 11.
He has the option at this stage to appeal against ruling of Justice O'Neill to the Supreme Court and his legal team said it was considering that. However, the Supreme Court is likely to facilitate an early hearing of the appeal and if McKevitt is again unsuccessful, his trial will proceed as scheduled.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1533
Published Date: 16-Jan-03
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