Explosives haul man loses appeal
A Co Monaghan man who was jailed for 10 years lost his appeal today against his conviction for having a massive explosives haul near the border in 2003.
Joseph Fee (aged 41), of Blackstaff, Inniskeen, Co Monaghan was jailed by the Special Criminal Court in December 2004 after he was convicted of the unlawful possession of an explosive substance - ammonium nitrate and sugar - with intent to endanger life at Thornfield, Co Louth on June 13, 2003.
His trial was told that gardaí found 1100 lbs of home made explosives in a stolen van when they raided a farmyard in Co Louth after a major garda surveillance operation in north Co Louth. Fee was arrested nearby.
His lawyer Mr Paul Burns SC had submitted to the Court of Criminal Appeal that the trial court had erred in law in not treating a witness who gave evidence that he had bought 13 bags of sugar for Fee as an accomplice.
He said the court should have warned itself of the dangers of acting on the uncorroborated evidence of an accomplice. Mr Burns also submitted that the trial court had not given sufficient weight to the failure of the gardai to properly preserve the scene at the time of Fee's arrest.
He had also argued that there was no forensic evidence found on Fee's person or clothing to link him to any of the explosives found. Mr Burns said that the trial court should have handled the identification evidence of a surveillance garda with caution. He submitted that the trial court did not sufficiently identify what moved simple possession into possession with intent to endanger life.
But today Ms Justice Fidelma Macken, presiding at the three judge court, said that the court rejected the grounds of appeal. The judge said that the court found that the Special Criminal Court had not erred in law in the manner in which it treated Fee's trial.
