Appeal court reserves judgement in bomb-making trial

The Court of Criminal Appeal today has reserved judgement in the case of two men appealing against their convictions for having bomb-making equipment at a Clondalkin apartment two years ago.

Cormac Fitzpatrick (aged 24) of Cathedral Walk, Monaghan, Co Monaghan and Terry McConnell (aged 29), originally from Co Fermanagh but with an address at Tullymore Gardens, Andersontown, Belfast were each sentenced to nine years imprisonment by the Special Criminal Court after a 13-day trial in December 2009 .

They had both denied unlawfully possessing explosive materials at The Crescent, Park West Pointe, Clondalkin, Dublin 22 on September 9, 2008.

Their trial heard how members of the Special Detective Unit found the pair in the bathroom of the apartment wearing latex gloves and surrounded by timers, wiring, pipe bomb casings and enough explosive material to construct four pipe bombs.

The two men were the last people to be convicted at the historic Green Street courthouse in Dublin before the relocation of the Special Criminal Court to the Criminal Courts of Justice at Parkgate Street.

Counsel for Fitzpatrick, Mr Anthony Sammon SC, told the court that although his client was granted access to a solicitor, he was not afforded an opportunity to consult his solicitor specifically on the potential ramifications of his failure to answer material questions in interview.

He said that under legislation contained in the Criminal Justice Act, the court may draw certain inferences from an accused person’s failure or refusal to answer material questions concerning their arrest and may regard evidence of this as corroborative of other evidence against the accused person.

Mr Sammon said that there also were inconsistencies in the evidence given by investigating gardaí as to whether Fitzpatrick dropped an alarm clock and battery when detectives entered the bathroom of the apartment.

He said the court’s determination that Fitzpatrick “at least” dropped an alarm clock was unsatisfactory and suggested it may have had doubts as to whether a battery was dropped.

Mr Sammon said it appeared the court had perversely adopted a civil standard of proof based on probability rather than the requisite criminal standard of proof beyond a reasonable doubt when adjudging what he described as a “mish-mash” of evidence.

Counsel for McConnell, Mr Martin O’Rourke BL, told the court that the trial of his client was unfair as material was retained by the prosecution and not disclosed to the defence, despite repeated petitions by McConnell’s defence team.

He said that, despite claims from the prosecution, full disclosure was not given as the defence “knew nothing” of why gardaí decided to carry out a search of the apartment in Clondalkin.

Mr O’Rourke said the court then erroneously upheld the prosecution’s claim of privilege on the material without first viewing the material and determining whether it was suitable for disclosure or not.

Presiding judge Mr Justice Donal O’Donnell, sitting with Mr Justice Eamon DeValera and Mr Justice Paul Gilligan, said that while the court acknowledged that both men also have pending sentence appeals, these would be adjourned until after judgement on the conviction appeals was returned.