Suspected IRA member on bail pending landmark challenge

23/11/2005 - 12:23:09
A Dublin Sinn Féin member who was jailed for four years for IRA membership last year was freed on bail by the Court of Criminal Appeal today pending the outcome of a landmark legal challenge to anti-terrorist legislation.

The court freed Kenneth Donohoe on his own bail of €1,000, an independent surety of €18,000, ordered him to sign on daily at Crumlin Garda Station and not to associate with anyone convicted of a scheduled offence.

Ms Justice Fidelma Macken said that the court was satisfied that in the interests of justice bail ought to be granted. She said that an earlier bail application was refused in circumstances where Mr Donohoe was told there would be an early trial of his appeal.

The judge said that an early trial of the appeal was not possible because of a Supreme Court appeal concerning the right to a fair trial.

Ms Justice Macken said that exactly the same issues arise in Mr Donohoe's appeal and the court was satisfied that there are special circumstances in the case.

The challenge before the Supreme Court is against the current practice whereby the Special Criminal Court accepts the opinion evidence of a Garda Chief Superintendent in membership trials that a person is a member of an illegal organisation.

The Court of Criminal Appeal yesterday adjourned appeals by two Dublin Sinn Féin members against their convictions for IRA membership after hearing that the Supreme Court has allowed an appeal on a point of law in another case to the operation of the Special Criminal Court.

Niall Binead (aged 36), of Faughart Road, Crumlin and Kenneth Donohoe (aged 27), of Sundale Avenue, Mountain View, Tallaght were each jailed for four years by the Special Criminal Court last year after they were convicted of membership of an illegal organisation on October 10, 2002.

During their trial the court heard that gardaí found a list of TD's , including three former Justice Ministers, at Binead's home. Binead is a former secretary of a south Dublin Sinn Féin cumann and was a close associate of Sinn Féin TD for Dublin South Central Aengus O' Snodaigh.

Adjourning the appeals yesterday Ms Justice Macken said that it had been made known to the court that the Supreme Court has granted an appeal on a point of law against an earlier decision by the Court of Criminal Appeal affirming the conviction of Martin Kelly.

Kelly (aged 47), a former Irish Army Corporal , from Westpark, Artane, Dublin was jailed for four years for membership of an illegal organisation, said in court to be the Continuity IRA, on July 29, 2002.

The Supreme Court has allowed an appeal on whether Kelly's right to a fair trial under Article 38 of the Constitution was infringed when he was precluded from inquiring into the basis of the Chief
Superintendent's belief evidence against him during his trial.