Mechanic's conviction for IRA membership upheld

 

Alison O'Riordan

A Monaghan mechanic found guilty of IRA membership after a "booster tube" was found in a shed on his land has lost an appeal against his conviction.

The Court of Appeal today rejected all ten grounds of James Joseph Cassidy's appeal and found that the evidence against him was "particularly cogent" and "compelling". 

Cassidy (57) of Tullycollive, Castleblayney, Co. Monaghan, was convicted by the Special Criminal Court in March 2019 of membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on September 21, 2016. 

During the trial, the three-judge court court heard that members of the Special Detective Unit (SDU) had found a black metal pipe, about 40cm in length, with drilled holes in a shed on Cassidy's land on September 21, 2016. 

The non-jury court found him guilty having heard evidence from Chief Superintendent Christopher Mangan that he believed, based on confidential information, that Cassidy was an IRA member. He was jailed for four years. 

Mr Justice Tony Hunt, presiding, sitting with Judge Patricia Ryan and Judge Ann Ryan, said Cassidy's membership of the unlawful organisation had been “persistent and active” on the date in question and he had played a part in storing a "booster tube" in his shed. The court was satisfied that the likelihood of some person other than Cassidy placing the booster tube in the shed was “so remote and fanciful” that it could safely be dismissed. 

The booster pipe, the contents of a USB device and two mobile phones were part of a “pattern of behaviour” that supported the belief evidence that Cassidy was a member of the IRA on the day in question, said Mr Justice Hunt. 

Dismissing Cassidy's appeal against conviction today (Fri), Ms Justice Isobel Kennedy said the Special Criminal Court had taken "scrupulous care" to exclude from its deliberations any issues or matters which arose prior to September 21, 2016 in assessing evidence capable of supporting or corroborating Chief Supt Mangan's belief. Under cross-examination last year, Chief Supt Mangan told the three-judge court that he was not in a position to say whether or not he had excluded material from prior to the appellant's arrest in September 2016 when forming his belief. However, the Court of Appeal found that the non-jury court had specifically excluded this material from its deliberations and expressly stated this to be so. 

The three-judge panel also found that the Special Criminal Court had taken care to exclude material to ensure that there was no duplication or double counting of the material relied upon by Chief Supt Mangan underpinning his opinion. Counsel for the appellant had argued that the trial court had erred in law when they held Chief Supt Mangan's belief of his membership admissible, as he had reviewed the investigation material and granted the extension of time for his client's further detention and questioning. "We are entirely satisfied that the Special Criminal Court took all steps to ensure that the appellant received a fair trial in this respect and are not persuaded that any issue of double counting arose," said Ms Justice Kennedy. 

Furthermore, the Court of Appeal said it was not persuaded that the issue of objective bias was "a live one" in the trial and there was no statutory provision which mandates that the senior officer considering material relating to an individual in terms of section 3 (2) of the 1972 Act cannot be involved in any other aspect of the investigation. Cassidy's counsel had argued that Chief Supt Mangan extended his detention during the investigation and was therefore biased in coming to his belief regarding him being a member of the IRA. 

Ultimately, Ms Justice Kennedy said that the Special Criminal Court had taken "scrupulous care" in assessing the appropriate weight to the evidence of Chief Supt Mangan and had approached it with caution and in the appropriate manner.

In a judgement delivered electronically this morning (Friday), Ms Justice Kennedy said the court would reject all ten grounds and dismiss the appeal.