MCKEVITT LOSES LEGAL CHALLENGE
McKevitt losses legal challenge
THE trial of alleged Real IRA leader Michael McKevitt will go ahead on June 18, following a ruling by the Supreme Court in Dublin.
The court this week refused his application to take a further legal challenge for disclosure of documents relating to FBI agent, and chief prosecution witness David Rupert.
The decision opens the way for his trial on charges of directing terrorism during the period of the August 15, 1998, bombing of Omagh in which 31 lives - including two unborn children were lost and hundreds injured.
It is the second time Mr McKevitt has lost a major legal challenge in the Irish courts.
Last year, after a four-day hearing, the Special Criminal Court refused his application for further disclosure of documents by the British secret services and the FBI relating to David Rupert, a former resident of the Bundoran area who has claimed he took part in a "dummy run" to Omagh before the 1998 bombing.
However, the Supreme Court has now ruled that Mr McKevitt had not established an arguable case in law to seek a judicial challenge to his trial going ahead.
Mr McKevitt, 51, with, an address at Blackrock, Dundalk, is being held at Portlaoise Prison and is the first to face charges of directing terrorism.
During the Supreme Court hearing, counsel for the Director of Public Prosecutions George Birmingham SC, argued that all disclosure obligations had been met and Mr McKevitt's application was aimed solely at preventing the trial going ahead.
Mr McKevitt's counsel, Hugh Hartnett SC, said the disclosure was "inappropriate and unfair" and would deprive his client of a fair trial. He said the only evidence in relation to terrorism was the testimony of Mr Rupert, a "paid agent" of the British security services and the FBI. Material had already been disclosed "hinting at David Rupert's prior criminal activity" and it is believed that further material has been withheld to bolster the witness's credibility, said Mr Hartnett.
Giving the Supreme Court ruling on Tuesday, Chief Justice Keane said it was not appropriate to grant leave for judicial review which would have the effect of "restraining" Mr McKevitt's trial. The decision of the Special Criminal Court should not be interfered with, he said because that court had acted within its jurisdiction.
However, Mr Justice Keane said the issue of discovery might arise again during the actual trial and Mr McKevitt had the legal option of appealing against any decisions on that.
THE trial of alleged Real IRA leader Michael McKevitt will go ahead on June 18, following a ruling by the Supreme Court in Dublin.
The court this week refused his application to take a further legal challenge for disclosure of documents relating to FBI agent, and chief prosecution witness David Rupert.
The decision opens the way for his trial on charges of directing terrorism during the period of the August 15, 1998, bombing of Omagh in which 31 lives - including two unborn children were lost and hundreds injured.
It is the second time Mr McKevitt has lost a major legal challenge in the Irish courts.
Last year, after a four-day hearing, the Special Criminal Court refused his application for further disclosure of documents by the British secret services and the FBI relating to David Rupert, a former resident of the Bundoran area who has claimed he took part in a "dummy run" to Omagh before the 1998 bombing.
However, the Supreme Court has now ruled that Mr McKevitt had not established an arguable case in law to seek a judicial challenge to his trial going ahead.
Mr McKevitt, 51, with, an address at Blackrock, Dundalk, is being held at Portlaoise Prison and is the first to face charges of directing terrorism.
During the Supreme Court hearing, counsel for the Director of Public Prosecutions George Birmingham SC, argued that all disclosure obligations had been met and Mr McKevitt's application was aimed solely at preventing the trial going ahead.
Mr McKevitt's counsel, Hugh Hartnett SC, said the disclosure was "inappropriate and unfair" and would deprive his client of a fair trial. He said the only evidence in relation to terrorism was the testimony of Mr Rupert, a "paid agent" of the British security services and the FBI. Material had already been disclosed "hinting at David Rupert's prior criminal activity" and it is believed that further material has been withheld to bolster the witness's credibility, said Mr Hartnett.
Giving the Supreme Court ruling on Tuesday, Chief Justice Keane said it was not appropriate to grant leave for judicial review which would have the effect of "restraining" Mr McKevitt's trial. The decision of the Special Criminal Court should not be interfered with, he said because that court had acted within its jurisdiction.
However, Mr Justice Keane said the issue of discovery might arise again during the actual trial and Mr McKevitt had the legal option of appealing against any decisions on that.
Further Information
Publisher: ULSTER HERALD
Ref: UH/1543
Published Date: 20-Mar-03
Related Images
There have been no images archived for this article.