The Court of Criminal Appeal has overturned the conviction and five-year sentence of a Co Louth man against his conviction for membership of the "Real IRA". A retrial was ordered.
In October 2001, Mr Liam Campbell (39), a father of two, of Upper Faughart, Dundalk, Co Louth, became the first member of the "Real IRA" to be convicted, under the 1939 Offences Against the State Act, of membership on October 3rd, 2000, of an unlawful organisation, styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA.
Mr Campbell was arrested after a Garda search of his home and outbuildings. He was interviewed over 16 hours and ultimately charged with IRA membership. In evidence at his trial, he denied membership. He was convicted at the non-jury Special Criminal Court and jailed for five years, with the final three months suspended to take account of his time in custody.
Giving the CCA's judgment allowing Mr Campbell's appeal, Ms Justice McGuinness, presiding, and sitting with Mr Justice O'Donovan and Mr Justice Herbert, said a serious difficulty arose from the cross-examination of Mr Campbell concerning his alleged connection with another man during his period on bail.
She said Mr Campbell had no notice of this line of cross-examination either in the book of evidence or otherwise and the cross-examination was "in the nature of an ambush".
While the State argued the issue was relevant to Mr Campbell's credibility, it was neither pertinent nor relevant to his guilt or innocence of the offence with which he was charged, the judge said. The raising of the matter in cross-examination was clearly prejudicial and led to unfairness in Mr Campbell's trial, she said. Significantly, in drawing inferences as to Mr Campbell's credibility, the trial court had in its judgment specifically attached "great importance" to that aspect of Mr Campbell's cross-examination.
The CCA believed this aspect of Mr Campbell's cross-examination should not have been permitted and no inference should have been drawn from it by the SCC, the judge added. This was an example of the course of cross-examination being used in a manner inconsistent with the presumption of innocence or being abused by the introduction of prejudicial matter neither relevant nor pertinent to the issue for trial.
The inference which the SCC had drawn from this aspect of Mr Campbell's cross-examination clearly played an important part in leading to his conviction, she added.
Ms Justice McGuinness said the CCA would allow Mr Campbell's appeal on that ground and order a retrial. She said the court recognised Mr Campbell had served a considerable time but the court would direct a retrial. It was for the DPP to decide whether there would be a retrial.