Donohoe v Ireland – IHRC amicus European Court

The Applicant was convicted in the Special Criminal Court  (“the  SCC”)  of  membership  of  an  illegal organisation in 2004 and sentenced to four years imprisonment. This conviction was upheld on appeal. There were four categories of evidence presented against the Applicant at trial, three of which are considered in this submission: that is the belief evidence; inferences drawn from the conduct of the accused and finally; inferences that may be drawn from the silence of the accused under questioning, as is permitted by statute. The Applicant claims that his trial before the SCC breached Article 6 ECHR. He alleges that the judges who determined his guilt also reviewed material submitted by the prosecution which would tend to establish that guilt as it supported the belief evidence presented by the prosecution. However, the material was not available to the defence as informer privilege was invoked. In essence, the Applicant alleges that the SCC was exposed to material prejudicial to his defence and, as it sat without a jury, the trial was tainted by inadmissible evidence