An investigation is to be carried out to establish whether any offences were committed amid criminal proceedings brought against former Sinn Féin publicity director Danny Morrison, it was revealed today.
The Court of Appeal was told the Director of Public Prosecutions is to ask Chief Constable Sir Hugh Orde to obtain and provide information emerging from a report which led to Mr Morrison’s conviction for kidnapping being quashed.
Lord Chief Justice Sir Brian Kerr confirmed the development as he said evidence not produced during the trial could have been given.
This material was likely to have either resulted in prosecutions against Mr Morrison and seven others being abandoned or “almost certainly” have led to their acquittal, the court heard.
Mr Morrison (56), claimed outside the court that an inquiry would now centre on whether RUC officers withheld information. He was sentenced to eight years imprisonment for the false imprisonment of British agent Sandy Lynch by the IRA in Belfast in 1990.
A decision to quash the convictions last year was based on a confidential dossier supplied by the Criminal Cases Review Commission, which investigates suspected miscarriages of justice.
Following an application by Crown lawyers for a so-called closed judgment, Mr Kerr said it was not possible for him and his fellow judges disclose all of the reasons why the convictions were quashed.
He said they were under constraints due to the information received during two private hearings.
But he told the court there was directly relevant material on whether the appellants trial should take place which had not been made available to the Director when he decided they should be prosecuted for the offences for which they were convicted. Because of that, the extent of disclosure to those charged was not sufficient.
“We are satisfied that if that material and information had been provided to the Director, he would have been bound to disclose it, if the trial was to proceed,” Mr Kerr said.
He added that the appellants were deprived of the opportunity of applying for a stay of the proceedings on an abuse of process basis.
“We consider that, if this material had been made available and if the trial had not been discontinued, it would have been open to the appellants to make such an application,” Mr Kerr said.
“We further consider that it is highly likely that it would have succeeded.”
Even if the application had failed, the court was told evidence not produced during the trial could have been produced which would have had a significant effect on its outcome.
“We are of the view that, had the trial continued, the giving of that evidence would almost certainly have led to the acquittal of the appellants on all charges.”
He added that the Director now plans to exercise his powers to request the Chief Constable to obtain and provide to him information relating to matters arising from the CCRC report.