Courts / Dublin / Report

Convicted IRA man brings appeal

Date
2020-11-27

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Conor Metcalfe, a 30‑year‑old Dublin resident, was convicted by the Special Criminal Court for membership of the Irish Republican Army on 24 November 2015. The conviction was based on belief evidence supplied by Detective Chief Superintendent Anthony Howard, who asserted that Metcalfe was an IRA member after reviewing material and that Metcalfe's refusal to answer questions during a Gardaí interview under Section 2 of the Offences Against the State Act allowed the court to infer membership. Justice Tony Hunt judged that the combined weight of evidence proved guilt beyond a reasonable doubt. Metcalfe received a four‑year‑six‑month prison sentence. He has now appealed to the Court of Appeal, arguing double counting of evidence, lack of materiality of the questions, and privilege claims that limited cross‑examination. The Director of Public Prosecutions defended the conviction as safe and proper, and the Court of Appeal has reserved judgment.

Who, what, where, when and why

What: Report matter: Convicted IRA man brings appeal. Procedural stage: appeal. Findings: Found guilty

When:

November 24, 2015 Hearing Or Sentence
2020-11-27 Publication

Why: "The DPP must have formed the view that they were insufficiently relevant and therefore refused to rely on them because of their lack of materiality and relevance, and decided instead that they might have a better chance to use what is an exceptional piece of legislation," he said, referring to the drawing of inferences from his refusal to answer. CNI source report