Joined up thinking for the Irish Left
New Books Worth Reading Mon Sep 19, 2016 23:25 | Seán Sheehan
13 Billion ? Lucky for some? Mon Sep 05, 2016 13:04 | Tony Phillips
Rebuilding Ireland: Long on Promise, Short on Detail Mon Aug 29, 2016 22:20 | Eoin O'Mahony
Brexit and Other Issues: Comments on the Current Situation Mon Aug 29, 2016 21:52 | Brendan Young
Bin Charges: From Private Circus to Public Service Tue Jun 21, 2016 12:38 | Michael Taft
Irish Left Review >>
Review: Do Religions Evolve? Mon Aug 14, 2017 19:54 | Dara McHugh
Fake News: The Epistemology of Media Wed Jun 07, 2017 11:52 | Gavin Mendel-Gleason
Officials and Provisionals Sat Apr 01, 2017 22:54 | James O'Brien
Interview with Cathal Goulding Mon Dec 26, 2016 17:11 | Cathal Goulding
Trump, Russia and the CIA Sat Dec 10, 2016 18:23 | Gavin Mendel-Gleason
Spirit of Contradiction >>
Interested in maladministration. Estd. 2005
Daniel McConnell: Happy to wear establishment blinkers
State failing in its duty to enforce law Anthony
Elaine Byrne/Fergus Finlay: Afraid to condemn their own? Anthony
Jobstown trial exposes mainstream bias Anthony
RTE: Blatant censorship and manipulation of news Anthony
Public Inquiry >>
A bird's eye view of the vineyard
The Neocons are pushing the USA and the rest of the world towards a dangerous crisis Fri Aug 18, 2017 04:37 | The Saker
This analysis was written for the Unz Review. First, my writing on the wall In October of last year a wrote an analysis I entitled The USA are about to
Stonewalling Washington: Trump pushes leftist view of US racism further than Obama or Clinton Fri Aug 18, 2017 04:37 | The Saker
by Ramin Mazaheri I feel sorry for Americans ? they have such lousy leaders they feel compelled to defend. I don?t mean Trump or Obama or Clinton or even JFK
Syrian War Report ? August 17, 2017: Iran Builds Long-Range Missile Factory In Syria Fri Aug 18, 2017 01:16 | Scott
https://southfront.org/syrian-war-rep... If you?re able, and if you like our content and approach, please support the project. Our work wouldn?t be possible without your help: PayPal: firstname.lastname@example.org or via: http://southfront.org/donate/ or via: https://www.patreon.com/southfront Voiceover by Harold
A House Divided Against Itself Cannot Stand (Charlottesville 3) Thu Aug 17, 2017 21:58 | The Saker
by Paul Craig Roberts The liberal/progressive/left are enjoying their drunkfest of denunciation. I can?t say I have ever witnessed anything like it. These are the people who sat on their
Abby Martin speaks the plain truth about the Zionist regime in Palestine Thu Aug 17, 2017 20:42 | The Saker
Note by the Saker: interesting interview with Abby Martin, I highly recommend it. Please try to set aside the typical Leftist clichés and language and just listen about what she
The Saker >>
McKevitt Miscarriage of Justice Appeal
On Tuesday 16th October 2012 lawyers for Michael McKevitt applied to the Court of Criminal Appeal (CCA) for a hearing to have his conviction quashed under Section 2(1) of the Criminal Procedures Act,
On Tuesday 16th October 2012 lawyers for Michael McKevitt applied to the Court of Criminal Appeal (CCA) for a hearing to have his conviction quashed under Section 2(1) of the Criminal Procedures Act, 1993.
In 2003 Mr McKevitt was convicted of membership and directing the activities of an unlawful organisation namely the IRA, McKevitt pleaded not guilty to the offences. In October 2012 his lawyers told the court that the original 2003 trial was flawed due to “procedural deficiency” which may amount to a newly discovered fact. McKevitt claims that as a result of the Supreme Court ruling in the Damache v DPP (2012) the search of his home, his arrest, detention, trial and subsequent conviction was tainted by a constitutional breach that may have resulted in a “miscarriage of justice”.
The Supreme Court decision (Damache v DPP  IESC 12, s29(1) of the said Act was declared to be repugnant to the constitution. The Supreme Court also stated that all previous searches carried out under the power had therefore been unlawful and all entries onto dwellings by Gardai on foot of the said power had been trespass.
The subsequent media reporting on the new McKevitt appeal, outlined both misleading and inaccurate details of the latest appeal lodged. Such begrudging and disingenuous reporting is common in the McKevitt case over the past decade or more. As for this latest appeal, regardless of what it may entail, it is long past time for some unbiased, accurate and independent reporting in the case. There is a duty on all journalists and their respective outlets to report accurately, be independent and without favour. Failing to maintain the high standards required could only lead us down a road where we would become part of the lie usually witnessed from puppets of a corrupt and dictatorial regime.
In his 2003 trial the primary evidence against McKevitt was that of FBI and MI5 informant, David Rupert, a self-confessed fraudster and career criminal, who was paid between 2 and 5 million US dollars to give evidence against him. In his judgement, Mr Justice Richard Johnston acknowledged that Mr Rupert was a shady character with a “chequered past” but he accepted his evidence to convict McKevitt and sentenced him to 20 years. During the trial evidence was adduced by the prosecution of material allegedly found during a search of McKevitt’s home in March 2001. The prosecution maintained that the material found, corroborated the assertion by Rupert that he knew Mr McKevitt and that he had been in his company. The Court stated that while Rupert’s evidence had to be treated with “caution”, the “material found” corroborated his evidence.
Mr McKevitt’s home was searched on foot of a (s29) warrant issued by a Det. Chief Superintendent Peter Maguire under Section 29 (1) of the Offences Against the State Act 1939. Mr Maguire confirmed in evidence to the trial court that prior to the arrest he had been involved in the investigation into the activities of Mr McKevitt and had signed the (s29) warrant.
Subsequently, and as a result of the Damache v DPP – Supreme Court ruling (2012) the s29 warrant issued by Mr Maguire was unlawful because (on his own admission) he was not independent. It places the entry and search of Mr McKevitt’s home on the 28th March 2001 as unconstitutional and his subsequent arrest as unlawful. All material generated from the search of the home and the detention were inadmissible on that basis and evidently there has been a miscarriage of justice in relation to the conviction.
In his application Mr McKevitt claims his original trial may have been tainted by the admission of inadmissible evidence arising out of the Damache ruling (2012) and this would be tantamount to a “newly discovered fact” as outlined in the appeal application.
Throughout the McKevitt trial in 2003 it was generally agreed by many legal observers (both domestic and foreign) that the trial was tainted by bad law. At the conclusion of the trial one independent Senior Counsel described proceedings as follows, “…This was far from the finest hour of our judicial system. The circumstances of this verdict by a jury-less court where the essential principles of our legal system have been fundamentally altered are no cause for acclaim…”
Although his trial took place almost 10 years ago, McKevitt was incarcerated from March 2001, which means he has been imprisoned now for almost 12 years. The “newly discovered fact” in the latest appeal application refers to evidence uncovered in 2012 (Damache v DPP) which on the face of it can only be described as something “new” that wasn’t available at the time of the trail.
The application by Mr McKevitt should certainly get a hearing in the appeal court to establish whether there was a breach of his rights or not. Anything less would be grossly unfair and has the potential to be a further breach of his rights. In the event that a constitutional breach did take place against Mr McKevitt in 2003, it is essential that the State quash the conviction and call for a new trial without delay, regardless of how long ago or how aggrieved they may feel about it.
In every trial, the law should be applied equally to every citizen that has the misfortune to appear before the courts, irrespective of time span or their political persuasion. Justice must be seen to be done and done in a fair and transparent way, anything less is a fundamental human rights breach and cannot be condoned in any way. End.