McKevitt fails terrorism-conviction appeal

The Supreme Court has dismissed an appeal brought by Michael McKevitt against his conviction for organising terrorist activities for the Real IRA.

Michael McKevitt (aged 54) Beech Park, Blackrock, Co. Louth, appealed against his conviction by the Special Criminal Court (SCC) in August 2003 for organising terrorist activities for the Real IRA. He is the first person in the state to be jailed for directing terrorist activities.

Today the five judge court, comprising chief Justice John Murray, Ms Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Hugh Geoghegan and Mr Justice Nial Fennelly, found that McKevitt's conviction was safe and dismissed the appeal.

He was sentenced to 20 years in jail for the offence having also failed in an appeal to the Court of Criminal Appeal (CCA) in 2005. Mr McKevitt was not present in court for the judgment.

In his appeal Mr McKevitt's legal team challenged the credibility of the key witness in the case, FBI agent David Rupert.

His lawyers argued he did not get a fair trial because his defence team had not been supplied with all information in relation to Mr Rupert, a New York native who infiltrated the Real IRA and attended Real IRA Army Council meetings at which, Rupert said, McKevitt was present.

Counsel for Mr McKevitt (aged 54) said the SCC, in the original trial, had failed to address Mr Rupert's involvement in criminal activity and that his agreement to become an FBI agent may have been motivated by a promise by the American authorities not to investigate him.

Michael O'Higgins SC, for McKevitt, said Mr Rupert was involved in smuggling contraband goods, people and drugs, and had been investigated by the Inland Revenue Services in the US.

Mr Rupert was known as "a street-smart criminal" who had borrowed money before applying for bankruptcy so that he would not have to pay it back, counsel added.

Mr Rupert was also involved in a plan to set up a floating casino in international waters off the Florida coast for tax purposes which would be used "to launder hot money".

Opposing the appeal the DPP, had argued that the defence's claims about Mr Rupert were "totally at variance" with the evidence presented during his trial.

The prosecution maintained that McKevitt headed the organisation of "mayhem throughout these islands and beyond".

The central evidence of Mr Rupert relating to McKevitt had not been challenged in his trial, in the CCA or in the Supreme Court.

In its judgment the supreme Court dismissed the ground of appeal in relation to Mr Rupert on the basis that the Special Criminal Court had believed him.

"The fact that Mr Rupert may or may not have a shady background, depending on your point of view, and the fact that as a paid agent he might be suspect as a witness at any rate are neither here nor there," the Supreme Court held.

The court held that there was "abundant evidence that Special Criminal Court was fully mindful of the potential unreliability of Mr Rupert's evidence but nevertheless believed him."