Supreme Court reserves illegal membership judgment

THE Supreme Court has reserved judgment in an appeal that could have major implications for the conduct of trials for membership of an illegal organisation at the Special Criminal Court.

The case centres on the right of people accused of membership to cross-examine a Garda Chief Superintendent on the basis of his belief that an accused is a member of an unlawful organisation.

Under the Offences Against the State Act, the Garda Chief Superintendent’s belief is evidence of membership, but in practice in recent years must be supported by other evidence.