Trial of Mackin to be heard in Dublin
A Belfast man today opted to be tried in Dublin under rarely used anti-terrorist laws for a Continuity IRA linked murder carried out in Belfast.
Gerard Mackin opted to be tried on the murder and other charges at the Special Criminal Court. He was charged under the Criminal Law Jurisdiction Act of 1976 which allows suspects to be tried in the Republic for offences committed in Britain or Northern Ireland.
Mackin was told by Mr Justice Paul Butler, presiding at the three judge non jury court, that he had the option to be tried in Dublin or taken in custody for trial in Belfast. He replied: "I'd like to be tried in the south.''
He was then arraigned on four charges. Mackin (aged 25), a native of the Whiterock area of west Belfast, with an address at Raheen Close, Tallaght, Dublin pleaded not guilty to the murder of taxi driver Mr Edward Burns (aged 36), and the attempted murder of Mr Damien O' Neill at Bog Meadows, Falls Road, Belfast , Co Antrim on March 12 last year.
He also denied intentionally or recklessly causing serious harm to Damien O'Neill and possession of a firearm with intent to endanger life on the same date.
The body of Mr Burns was discovered after Damien O'Neill arrived at the Royal Victoria Hospital in Belfast and told police he had been shot close to the Bog Meadows nature reserve.
Mr Burns , a father of five, had been shot once in the back of the head. Police believe the murder was linked to a dispute inside the Continuity IRA.
After his arraignment Mackin was remanded in continuing custody until October when his trial is expected to go ahead.
The first person to be tried under the 1976 anti terrorist law was Gerard Tuite, the IRA prisoner who escaped from Brixton Prison in 1980. Tuite was jailed for ten years by the Special Criminal Court in July 1982 for IRA offences committed in Britain.
The Act has rarely been used since although it has remained on the statute books.
