DPP considers evidence in Lisa Smith case

The Director of Public Prosecutions (DPP) was last night weighing up whether there is enough evidence to give the green light to charge returned alleged Islamic State supporter Lisa Smith.

Intensive late discussions were being held between senior gardaí and the State prosecutor on the evidence against the former member of the Defence Forces. Sources said counter-terrorism officers were trying to get the case “over the line” and reach the threshold set by the DPP in order to direct a prosecution now.

Senior legal authorities have described the prospect of a prosecution for terrorist offences committed abroad, such as membership of Islamic State, as “uncharted waters” for an Irish court.

Sources said that if the DPP feels the threshold for a charge has not yet been reached, she will ask for a file to be sent for further consideration, meaning Ms Smith will be released from custody.

Her detention period ends at 10.30am today but sources believe that, if a direction to charge is not forthcoming, she might be released in the early hours to minimise public and media glare.

Sources said this will present gardaí with a separate issue regarding her safety. If she was going to be charged, sources said, gardaí would have applied to the courts that she would be remanded in custody.

Parallel to the interviews, officers attached to Garda Security and Intelligence have been finalising a number of risk assessments if Ms Smith was going to be released without charge.

Darragh Mackin and Peter Corrigan, legal representatives for Lisa Smith, leaving the Criminal Courts of Justice. Pictures: Collins Courts

Three risk assessments are being conducted: on the personal safety of Ms Smith; the safety of her extended family, including her daughter; and the threat, if any, posed by Ms Smith to the security of the State.

The parents of Ms Smith have taken their two-year-old granddaughter into their care and are understood to have brought her to the family home in Dundalk. Garda sources have expressed concern for Ms Smith’s safety, and that of her family, if she decides to return to the family home.

Sources said officers are likely to offer her “personal security advice” but nothing more elaborate than that, unless they have information that there is a specific threat to her life. Locally, gardaí may provide more regular patrols around her home, but that would be subject to the threat assessment and available Garda resources.

Garda sources said they expected Ms Smith to be given a proper sleep period overnight, meaning the questioning would have finished by last night.

Further discussions would be held within the investigation team and among senior officers in the Special Detective Unit (SDU) as to whether they should seek a charge from the DPP.

“They have been in regular contact with the DPP for many, many months now,” said a security source.

The DPP most likely would have indicated to them you need X, Y, and Z to reach the threshold necessary for a charge.

While the SDU has prepared its case in terms of circumstantial evidence and intelligence, including from foreign security agencies, to support a belief from a chief superintendent that Ms Smith was a member of an unlawful organisation, sources said that anything pertinent that Ms Smith had said in interviews would need to be checked out to the satisfaction of the DPP.

Her solicitor, Darragh Mackin, has said his client categorically denies being involved in any terrorist offences or any terrorist organisation.