A Co Louth man who is facing trial on charges of membership of the "Real IRA" is to ask the Supreme Court to determine whether the "Real IRA" is also affected by an order under which the IRA was suppressed in 1939.
The Court of Criminal Appeal yesterday granted a certificate to Mr Liam Campbell permitting him to have a point of law arising from his case determined by the Supreme Court.
The legal issue relates to whether the "Real IRA" comes within the terms of the Suppression Order of 1939.
Ms Justice McGuinness, presiding over the three-judge appeal court, said it was desirable and in the public interest that the point of law raised by Mr Michael O'Higgins SC for Mr Campbell be determined.
She noted the same point had been raised in other cases and, while the appeal court itself had held against Mr Campbell on the issue, the matter should be authoritatively decided by the Supreme Court.
The certificate application arose from the appeal decision last year quashing the conviction and five-year sentence imposed on Mr Campbell for membership of the "Real IRA". A retrial was ordered which is listed for May next.
In October 2001, Mr Campbell (39), a father of two of Upper Faughart, Dundalk, Co Louth, was convicted of membership on October 3rd, 2000, of an unlawful organisation, styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA. He was alleged at the trial to be a member of the "Real IRA".
Mr Campbell was arrested after a Garda search of his home and outbuildings on October 3rd, 2000. 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.
His conviction was quashed by the appeal court after it found Mr Campbell should not have been cross-examined regarding his alleged connection with another man during a period on bail. The appeal court noted Mr Campbell had been given no notice of that line of cross-examination and described it as unfair and in the nature of an ambush.
He will be retried on that same charge in May. He is also facing another trial alleging membership of the IRA on a different date and that trial is listed for July.
In opposing Mr Campbell's application for a certificate yesterday, Mr George Bermingham SC for the DPP, had argued it was not in the public interest to grant a certificate and submitted that no new legal point had been identified.
He also submitted the granting of a certificate could affect the listings of the forthcoming trials.