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A DISSIDENT REPUBLICAN has failed in his efforts to have a criminal conviction for membership of the Real IRA overturned on the basis that evidence used to convict him was illegally obtained.
The Court of Criminal Appeal rejected the challenge by Michael McKevitt, who argued that evidence corroborating accounts given by a witnesses against him was obtained under a search warrant that would subsequently be found unconstitutional.
McKevitt, 63, was convicted at the Special Criminal Court in 2003 for membership of an illegal organisation Real IRA and directing terrorism between dates in 1999 and 2000. The prosecution case relied on an FBI informant, David Rupert, who had infiltrated the illegal organisation.
In that case, Rupert had given evidence saying he had installed a computer in McKevitt’s house, and had seen certain items in the house when doing so – evidence corroborated by a search carried out when Gardaí searched his house. This undermined McKevitt’s claim that the two had never met.
However, the law under which the warrant for that search was obtained – Section 29 of the Offences Against the State Act 1939 – was struck down in 2011, when the Supreme Court said it was unconstitutional to allow Garda superintendents to issue search warrants in investigations that they were themselves involved in.
The Louth man therefore argued that this was a “newly discovered fact” which undermined his original conviction – but today the Court of Criminal Appeal said it could not find that the conviction had been made “unsafe and unsatisfactory”.
It said the Supreme Court had previously ruled that the unconstitutionality of a search warrant could not be used to cast doubts over cases that had previously been completed in courts – particularly where those cases were nearly ten years old.
In those cases, the court ruled today, the State and prosecution had acted in good faith and in accordance with what was considered lawful at the time.
McKevitt has previously lost separate appeals claiming that Rupert’s testimony was unreliable because he had been paid by the FBI and MI5 for his role as an informant, being defeated at the Supreme Court in his efforts to claim that Rupert was not a credible witness.
In June 2009 he was one of four men who was found to be liable for the 1998 Omagh bombing in a civil case taken by the families of the 29 victims.
His original criminal trial in 2003, over membership of the Real IRA, heard evidence that he had planned to attempt the assassination of then-British prime minister Tony Blair.
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Nice bill for the taxpayer !
Indeed – why should Ireland’s figure head promote Ireland in countries that are up and coming? Should stay here with us and moan about things whilst doing nothing!
great he can visit some of our finest down there ,and by the way is he still mixing with the knobs from Ernst a Young you know the guys that fiddled the books in Anglo to make it look like a profitable bank,
It is essential that the president does his job and promote Ireland – like any high ranking member of a corporation.
But I fail to understand why Mrs Higgins – or any spouse – is going. She wasn’t elected though you’d think she was with all the coverage.
Ah she has to look after the hobbit…er… President!!
Funny though that ” De Prisident” isn’t going to two countries that have a huge Irish ancestry pouplation second only to the USA .That’s Argentina and Paraguy!! Maybe because they are nasty right wing Junta states.But its all right to visit fellow revoulitionary red states that have about as much in connection with Ireland as we have with outer Mongolia.
This is a Republic. Our President is due some respect. Hobbit comments are a disgrace.
Another parasite on this country ,
Hopefully he gets caught in peru too
Maureen
Since the foundation of the State we have elected a succession of Presidents who have served us well and some even magnificently.
For seven years they represent us at home and abroad and echo the Nations need to connect with others at a Social and Economic level for long term betterment of our people.
With one vulgar and offensive word you attribute a characteristic to this man and Office that is wrong and unnecessary but typical of small minded bitterness!
do you use andrex to wash your face dick?
Paul Nelly
What a weird question!
the penny has a parachute…
Do trade missions have any economic/trade benefit?
Canadian research says no.
http://www.nationalpost.com/story.html?id=a8009d33-da9c-4b46-8c7c-5ae9d10c5c45&k=54156
If Mr & Mrs Higgins and Costello want to go on a jolly they should pay for it themselves.
It is a vulgar exercise considering the deprivations many are experiencing at home.
“and some even magnificently.”
Dare you to name one!!! I DOUBLE DARE you ..Name us one president that has served us well or magnificently!
Parasite me hole. He’s one of the few respectable politicians left in this country. I’m happy to have him as our president. Stop whining, you whingebag.
No austerity for El Presidente, the party goes on and on for the golden circle. These guys are oblivious to the poverty affecting tens of thousands of Irish people. They take medical cards and telephones from the elderly and this silly old Labour Party leech swans off on a 12 day holiday. Bet he won’t have to spend any of his €250,000 salary either.
Hear, hear!
Have to say i agree,its obscene for the head of state of a bankrupt country to go swanning off on a ten day meet and greet holliday to south America,the local Irish embassy could do a similar job at a fraction of the cost.
Why have we a president in this country, just an excuse to waste at least half a million a year on salary , expenses staff etc and then like the two Mary’s a massive pension and for what ? ???Wanton waste , money should be going to help the elderly or special needs children retain their medical cards !
Look if we couldn’t pass a referendum to get rid if the seanad, then it is unlikely we would pass a referendum to get rid of president
Hear hear again, the money it costs to send all them spongers away for what ????? Jobs me arse
He does us proud aboard
will RTE be covering the trip?
no doubt we will be getting fawning updates, on the daily news.
after all, – they are they ones that got him elected as President
If he does his hair up in a bun we will see what he is really at.
Long live the San Patricios!!
Yeah support traitors to the country that they signed alliegence to and then deserted…Sounds very Irish alright.
Total waste of money.
Mexico is in north america
Ah, but why
Mexico is in Central America!
nope, its in north america
Ok, you’re right. Mexico is in North America geographically. But Central America is a political/cultural region. It’s also where Mexico is. what you’re saying is the equivalent of ‘Iraq is not in the Middle East, it’s in Asia.’
Nafta (North American free trade agreement) puts Mexico in North America.
Iraq is clearly in the Middle East. Go find yourself a map!!!
Mexico is north America. Not central America. Ask a Mexican
Will they never learn?
Is he gone via the government jet? If not, is he flying first or business class? How many is there in his entourage? Where is he staying? In the Irish embassies or in 5 star hotels? Does the purpose outweigh the cost? What is the cost financially? What benefit will the trip bring to Ireland? I need answers people!!! lol
Declan
This isn’t a Government Information Bureau. Until you discover the true purpose of the Journal maybe you should stop posting.
Poor little dickie. Rodgers
@Declan You’re right to ask these questions. I lost all respect for Michael D Higgins this week when his Office was given an extra €225 thousand. Im sure the DOF didnt just offer him this money. He must have asked for this increase to his budget. Indeed its an absolute disgrace that his budget was increased as was that of Enda Kennys to the tune of €300 thousand to pay for more staff!
Richies an employee yevonne…..can ya see where the money’s being spent.
*Waves at all the shills and ministers reading*
So long as he doesn’t disguise it in 50 packs of soup.
Its not likely to work.
Drug mule
Why is president yoda over there in the first place..Ireland does not need a president ffs!
A waste of taxpayers money!
He’ll be going loco down in Acapulco if he stays too long.
Enrique pena nieto,this article spelt the name wrong for our Mexican friends
Who gives a shit.
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