A Dublin man jailed for five years has been freed after his conviction for IRA membership was quashed by the Court of Criminal Appeal.
The court refused the DPP’s application for a retrial in the case of Seán Farrell, saying that would be “oppressive” in circumstances including that, with good behaviour, he would have been due for release in about five months.
Mr Farrell (28), Kilfenora Road, Crumlin, was convicted by the non-jury Special Criminal Court in December 2012 of membership of the IRA on July 7th, 2011. He has always maintained his innocence.
His appeal was supported by Independent TDs Clare Daly and Mick Wallace who were in court yesterday for the judgment. The court comprising Mr Justice Adrian Hardiman, Mr Justice Daniel Herbert and Mr Justice Paul McDermott quashed Mr Farrell’s conviction after finding the Special Criminal Court had erred in not disregarding evidence from Garda Chief Supt Diarmuid O’Sullivan.
Under cross-examination, that officer told the Special Criminal Court he had confidential information Mr Farrell was involved in an “litany of incidents” “as an active member of the IRA over the last number of years”.
Pádraig O’Dwyer SC, for Mr Farrell, argued that evidence was “manifestly prejudicial”, the defence was not notified of it in advance of the trial and it rendered the conviction unsafe.The DPP opposed the appeal.
Giving the judgment, Mr Justice Hardiman said “the salient fact” was that no notice of the material Chief Supt O’Sullivan “was eager to put before the court” was given to the defence.
It was essential to a fair trial that the defence should be put on notice of such evidence and quite inadmissible for the witness to “blurt” out material “uncalled for”. Such material could only be used if the DPP sought to serve a statement of additional evidence and have the case adjourned, he said.
During cross-examination, Chief Supt O’Sullivan gave opinion evidence, based on confidential information, that Mr Farrell was a member of an illegal organisation and that went “far beyond” his statement of evidence. He had given the impression that “he was keen, no matter what the question, to make certain statements” which were “highly dramatic”, the judge said.
Rather than a charge relating to a single day in 2011, new information relating to a period of 10 years was put before the Special Criminal Court and individual incidents referred to by Chief Supt O’Sullivan were so numerous he described them as “a litany”.
Mr Justice Hardiman said a retrial would be oppressive.