A Co Louth man is seeking to have his conviction for organising terrorist activities for the Real IRA declared a miscarriage of justice.
Michael McKevitt (58) Beech Park, Blackrock, Co Louth was convicted after a lengthy trial before the non-jury Special Criminal Court (SCC) in August 2003 of organising terrorist activities for the Real IRA.
The first person in the State to be jailed for directing terrorist activities, he was sentenced to 20 years imprisonment.
In 2005, the three judge Court of Criminal Appeal (CCA) dismissed his appeal against conviction.
The CCA certified a point of law of exceptional public importance arose in the case requiring determination by the Supreme Court and it permitted an appeal to that court.
In 2008, the Supreme Court rejected the appeal.
Lawyers for McKevitt are now seeking to have the conviction set aside on grounds it involves a miscarriage of justice.
The CCA, comprising Mr Justice Adrian Hardiman, Mr Justice Michael Hanna and Mr Justice Gerard Hogan, granted McKevitt legal aid to bring the miscarriage of justice application.
Seeking legal aid, Michael O’Higgins SC said a newly discovered fact showed there was a miscarriage of justice in the case.
The application arose from evidence taken while Mr McKevitt was not legally represented and used against him.
Counsel said he believed the application would take a day to hear.
Brendan Grehan SC, for the DPP, did not object to McKevitt being ranted legal aid. Any person who appeals against their conviction under Section 2 of the Criminal Procedure Act 1993, as part of a bid to have that conviction declared a miscarriage of justice, is entitled to legal aid, counsel noted.
The DPP believed Mr McKevitt’s application for a certificate was flawed and would be bringing a motion to have the application dismissed, counsel added.
The CCA has adjourned the matter to December when it is expected to fix a date for hearing.