Broy is a double agent within the DMP, with the rank of Detective Sergeant (DS). He works as a clerk inside G Division, the intelligence branch of the DMP. While there, he copies sensitive files for IRA leader Michael Collins and passes many of these files on to Collins through Thomas Gay, the librarian at Capel Street Library. On April 7, 1919, he smuggles Collins into G Division’s archives in Great Brunswick Street (now Pearse Street), enabling him to identify “G-Men,” six of whom are eventually killed by the IRA. He supports the Anglo-Irish Treaty of 1921 and joins the National Army during the Irish Civil War, reaching the rank of colonel. In 1925, he leaves the Army and joins the Garda Síochána.
Broy’s elevation to the post of Commissioner comes when Fianna Fáil replaces Cumann na nGaedheal as the government. Other more senior officers are passed over as being too sympathetic to the outgoing party.
In 1934, Broy oversees the creation of “The Auxiliary Special Branch” of the Garda, formed mainly of hastily trained anti-Treaty IRA veterans, who were opponents of Broy in the civil war. It is nicknamed the “Broy Harriers” by Broy’s opponents, a pun on the Bray Harriers athletics club or more likely on the Bray Harriers hunt club. It is used first against the quasi-fascistBlueshirts, and later against the diehard holdouts of the IRA, now set against former comrades. The “Broy Harriers” nickname persists into the 1940s, even though Broy himself is no longer in command, and for the bodies targeted by the unit is a highly abusive term, still applied by radical Irish republicans to the Garda Special Branch (now renamed the Special Detective Unit). The Broy Harriers engage in several controversial fatal shootings. They shoot dead a protesting farmer named Lynch in Cork, and when the matter is discussed in the Senate in 1934, the members who support Éamon de Valera‘s government walk out. They are detested by sections of the farming community. In the light of this latter history, their name is often used in reference to individuals or groups who attempt to disrupt contemporary dissident republicans, such as the remnants of the Provisional Irish Republican Army.
Broy is President of the Olympic Council of Ireland from 1935 to 1950. He is also a member of the Standing Committee of the Irish Amateur Handball Association.
Broy dies on January 22, 1972, at his residence in the Dublin suburb of Rathgar.
On September 17, 2016, a memorial to Broy is unveiled in Coolegagen Cemetery, County Offaly, close to his childhood home. His daughter Áine is in attendance, as are representatives of the government, the Air Corps, and the Garda Síochana.
Neil Jordan‘s film Michael Collins (1996) inaccurately depicts Broy (played by actor Stephen Rea) as having been arrested, tortured and killed by Secret Intelligence Service (SIS) agents. In addition, G Division was based not in Dublin Castle, as indicated in the film, but in Great Brunswick Street. Collins had a different agent in the Castle, David Neligan. Broy is also mentioned and makes an appearance in Michael Russell’s detective novel The City of Shadows, set partly in Dublin in the 1930s, published by HarperCollins in 2012.
D’Arcy is born to a Russian-Jewish mother and an Irish Catholic father. She works in small theatres in Dublin from the age of fifteen and later becomes an actress.
D’Arcy is married in 1957 to English playwright and author John Arden. They write several plays together which are highly critical of the British presence in Ireland. They settle in Galway in 1971 and establish the Galway Theatre Workshop in 1976. The couple has five sons, one of whom predeceases his mother.
The couple writes a number of stage pieces and improvisational works for amateur and student players, including The Happy Haven (1960) and The Workhouse Donkey (1964). She writes and produces many plays, including The Non-Stop Connolly Show (1977).
D’Arcy has also written a number of books, including Tell Them Everything (1981), Awkward Corners (with John Arden, 1988), and Galway’s Pirate Women: A Global Trawl (1996).
As an activist, in 1961, D’Arcy joins the anti-nuclear Committee of 100, led by Bertrand Russell. In 1981, her peace-activism results in her incarceration in Armagh Jail, after defacing a wall at the Ulster Museum. Her book Tell Them Everything (Pluto Press, 1981) tells the story of her time during the Armagh and H-Blockdirty protests and is one of the earliest accounts about the Armagh women, their republicanism and imprisonment.
D’Arcy also directs Yellow Gate Women (2007), a film about the attempts by women of Greenham Common Women’s Peace Camp to outwit the British and United States military at RAF Greenham Common with bolt cutters and legal challenges. Challenging censorship since 1987, she runs a women’s kitchen pirate radio from her home in Galway.
In 2011, D’Arcy refuses to stand for a minute’s silence to honour Police Service of Northern Ireland (PSNI) officer Ronan Kerr, killed by dissident republicans, at an Aosdána meeting. Her actions are deliberate, she tells the media afterwards, which attracts fierce criticism of her perceived support for armed republican groups in Northern Ireland.
Along with Niall Farrell, D’Arcy is arrested in October 2012 for scaling the perimeter fence of Shannon Airport, in protest at the use of the airport as a stopover for U.S. military flights. As a consequence of her trespassing on airport property, she is imprisoned in 2014 after she refuses to sign a bond saying that she will not trespass on non-public parts of Shannon Airport.
McGlinchey is one of eleven siblings born into a staunchly republican home in Ballyscullion Road, Bellaghy, in rural south County Londonderry, Northern Ireland. His father owns a garage and some of his father’s police customers later die at McGlinchey’s hands. His mother Monica is a devout Catholic. He is educated at the local school. When he was sixteen, he begins an apprenticeship in his father’s garage. About this time, he is joining the numerous civil rights marches that are taking place in the county. His precise reasons for doing so are unclear, but speculation is that he is reacting to events around him and the idea of participating in marches offers glamour and a close identification with his own community.
In 1971, McGlinchey is interned without charge for ten months in Long Kesh Detention Centre. Not long after his release the following year, he is imprisoned again on arms charges. On July 5, 1975, during his imprisonment, he marries Mary O’Neil, daughter of Patrick O’Neil from Toomebridge. Together they have three children.
Following his release, McGlinchey joins Ian Milne and future Provisional IRA hunger strikersFrancis Hughes and Thomas McElwee and wages a campaign of shooting and bombing throughout the county and beyond. Together, they later join the Provisional IRA. The gang spends the late 1970s on the run, carrying out operations and evading both the British Army and the Garda Síochána. Following a mailvan robbery, the latter force arrests McGlinchey in County Monaghan in 1977 for carjacking a Garda patrol vehicle and threatening the officer with a pistol, although he claims that the gun is actually a wheel brace. He fails to make bail at Dublin‘s Special Criminal Court after a Garda Superintendent argues that McGlinchey would fail to attend court if bailed. He is convicted and sent to the maximum-security Portlaoise Prison. In 1982, while serving his prison sentence, he clashes with the prison’s IRA leadership and is either expelled by them for indiscipline or leaves the organisation due to strategic differences.
Following his departure from the IRA and his release from prison, McGlinchey joins the INLA. Due to his experience, he rises through the ranks, becoming chief of staff by 1982. Under his leadership, the INLA, which had previously had a reputation for disorganisation, becomes extremely active in cross-borderassassinations and bombings. These include many individual assassinations and woundings, but also massacres such as the Droppin Well bombing of 1982 in which both civilians and soldiers die. There are some failed operations, and McGlinchey, who believes this is the result of an informer within the ranks, devotes much time and energy to finding the cause. Those suspected of betraying the organisation are treated brutally, often by McGlinchey personally. As a result of this resurgence of activity and his high profile, the press nicknames him “Mad Dog.” Under his tenure the Darkley massacre is carried out, ostensibly by another group but using a weapon supplied by McGlinchey. In late 1983, while still on the run, he gives an interview with the Sunday Tribune newspaper in which he condemns the Darkley killings but also lays out his political philosophy and plans for the future.
By 1984, McGlinchey has fallen out with members of a powerful Republican family from South Armagh over what he considers missing funds. Men loyal to this family are subsequently killed by McGlinchey’s unit, which includes his wife. In March of the same year, he is captured in Newmarket-on-Fergus, County Clare, following a gunfight with the Gardaí. At this time, he is wanted in Northern Ireland for the shooting of an elderly woman, but republicans have traditionally been able to avoid extradition by claiming their offences were political. The bloody war in the north is leading the Republic of Ireland to re-evaluate its position, however, and he becomes the first republican to be extradited to Northern Ireland. Although convicted and sentenced there to life imprisonment, this is overturned in 1985. As a result, he is returned to the Republic, where he is sentenced to ten years’ imprisonment on firearms charges. While he is incarcerated, his wife is shot dead at her Dundalk home.
McGlinchey is released in March 1993 and claiming to have no further involvement with the INLA, moves to Drogheda. He survives an assassination attempt soon after his release from prison, but in February 1994, his enemies catch up with him. At around 9:30 on the evening of Thursday, February 10, 1994, he visits and dines with friends of his in Duleek Road, near his home. He leaves about forty minutes later, intending to take a video back to a shop in Brookville, on the north side of town. At around 11:00 p.m. he and his 16-year-old son Dominic are returning home, when he pulls up to make a phone call from a public kiosk on Hardman’s Gardens, near Our Lady of Lourdes Hospital. Almost immediately and despite the presence of four witnesses, a red Mazda pulls up alongside him. While his son watches from the car, three men get out and beat McGlinchey. Once he is on the ground the men, who are armed with three pump action shotguns and a pistol, fire into him fourteen times. The attack finishes with a coup de grâce to the head, although he is already dead. His last words are reputed to be “Jesus, Mary help me.” His son yells for an ambulance.
The following day, an autopsy is carried out in Our Lady of Lourdes Hospital, which indicates McGlinchey had been hit in the neck, skull, the left upper chest, the left arm, and both legs. His inquest is held in Drogheda two weeks later, suspended and then reopened in November 1996. Gardaí forensic officers tell the coroner that they had compared the shell casings they had found with the database, but no matches have been made to other known weapons. The officer notes that no such information has been received from the Royal Ulster Constabulary (RUC). The shotguns used are impossible to trace ballistically, but it is ascertained that the Mazda was registered in the north. His and his wife’s killers have never been found.
McGlinchey’s funeral is held on February 13, 1994, in Bellaghy, with no republican accoutrements. There is no INLA colour guard, and only an Irish tricolor draped over the coffin. Over 1,500 people attend and are watched closely by 200 RUC. Police armoured vans are held on the perimeter. He is buried alongside his wife and their young daughter Máire. His coffin is carried from the McGlinchey family home to St. Mary’s Church by pallbearers who are swapped out from the crowd every 40-yards or so. Martin McGuinness is among them, as is Bernadette McAliskey and her daughter Róisín. His sons carry the coffin for the final yards.
McGlinchey’s posthumous reputation ranges from being a “psycho” to his enemies to being an inspiration to those who followed him. Commentators have speculated on what he would have contributed to Irish politics had he lived. Some have suggested that he would have contributed to the Northern Ireland peace process, while others have argued that dissident republicans, opposed to that process, would have found him a willing rallying point. He remains an influence on Irish fiction and music, with both Edna O’Brien and Martin McDonagh producing acclaimed pieces based on his life and career. He is also featured in popular songs.
Accused by The Sunday Times of directing an IRA bombing campaign in Britain, in 1987 Murphy unsuccessfully sues the paper for libel in Dublin. The original verdict is overturned by the court of appeal because of omissions in the judge’s summing up and there is a retrial, which he also loses. At the retrial, both Sean O’Callaghan and Eamon Collins, former members of the Provisional Irish Republican Army, testify against Murphy, as do members of the Gardaí, Irish customs officials, British Army and local TDBrendan McGahon. Collins, who had also written a book about his experiences, Killing Rage, is beaten and killed by having a spike driven through his face near his home in Newry eight months later. In 1998, a Dublin court dismisses Murphy’s case after a high-profile trial, during which Murphy states that he has “never been a member of the IRA, no way” and claims not to know where the Maze prison is located. The jury rules, however, that he is an IRA commander and a smuggler.
The Sunday Times subsequently publishes statements given by Adrian Hopkins, the skipper who ferries weapons from Libya to the IRA, to the French authorities who intercept the fifth and final Eksund shipment. Hopkins details how Murphy met a named Libyan agent in Greece, paid for the weapons to be imported, and helped unload them when they arrived in Ireland. According to A Secret History of the IRA by Ed Moloney, Murphy has been the IRA Army Council’s chief of staff since 1997. Toby Harnden’s Bandit Country: The IRA & South Armagh also details Murphy’s IRA involvement.
On September 20, 2016, the BBC‘s Spotlight airs a programme in which an alleged British spy who had infiltrated the IRA claims that in 2006, Murphy had demanded the killing of Denis Donaldson, an IRA member and British informer, in order to maintain discipline. The BBC says it had tried to contact Murphy but had received no reply. He has yet to respond to the allegation. On September 23, 2016, the Donaldson family’s solicitor says that the allegation is “absolute nonsense.”
In October 2005, officers of the British Assets Recovery Agency and the Irish Criminal Assets Bureau carry out raids on a number of businesses in Manchester and Dundalk. It is extensively reported in the media that the investigation is aimed at damaging the suspected multi-million-pound empire of Murphy, who according to the BBC’s Underworld Rich List, has accumulated up to £40 million through smuggling oil, cigarettes, grain and pigs, as well as through silent or partial ownership in legitimate businesses and in property.
A large, purpose-built underground chamber that Gardaí believes the IRA used for interrogation is discovered close to Murphy’s home.
In his first-ever press release, issued on October 12, 2005, Murphy denies he owned any property and denies that he had any links with co-accused Cheshire businessman Dermot Craven. Furthermore, he claims that he had to sell property to cover his legal fees after his failed libel case against The Sunday Times, and that he made a living from farming.
On March 9, 2006, police, soldiers and customs officials from both sides of the Irish border launch a large dawn raid on Murphy’s house and several other buildings in the border region. Three persons are arrested by the Gardaí but are released three days later. A fleet of tankers, computers, documents, two shotguns, more than 30,000 cigarettes and the equivalent of 800,000 euros in sterling bank notes, euro bank notes and cheques are seized. Four diesel laundering facilities attached to a major network of storage tanks, some of which are underground, are also found. The Irish Criminal Assets Bureau later obtains seizure orders to take possession of euro cash and cheques and sterling cash and cheques, together worth around one million Euros.
Sinn Féin President Gerry Adams makes a public statement in support of Murphy following the March 2006 raids. Under political and media pressure over allegations of the IRA’s continued presence in South Armagh, Adams says, “Tom Murphy is not a criminal. He’s a good republican and I read his statement after the Manchester raids, and I believe what he says and also and very importantly he is a key supporter of Sinn Féin’s peace strategy and has been for a very long time.” He adds, “I want to deal with what is an effort to portray Tom Murphy as a criminal, as a bandit, as a gang boss, as someone who is exploiting the republican struggle for his own ends, as a multimillionaire. There is no evidence to support any of that.”
Murphy is arrested in Dundalk, County Louth, on November 7, 2007, by detectives from the Criminal Assets Bureau, on charges relating to alleged revenue offences. The following day, he is charged with tax evasion under the Tax Consolidation Act. He is later released on his own bail of €20,000 with an independent surety of €50,000.
On October 17, 2008, in an agreed legal settlement, Murphy and his brothers pay over £1 million in assets and cash to the authorities in Britain and the Republic in settlement of a global crime and fraud investigation relating to proceeds of crime associated with smuggling and money laundering. After an investigation involving the Irish Criminal Assets Bureau and the UK’s Serious Organised Crime Agency, more than 625,000 euros (£487, 000) in cash and cheques is confiscated by the Republic’s courts, while nine properties in North West England worth £445,000 are confiscated by British courts. Murphy is still fighting a claim in the Republic’s courts for tax evasion, relating to non-completion of tax returns for eight years from 1996. On April 26, 2010, he is further remanded on bail.
In 2011, there are claims that Murphy had become disillusioned with the Northern Ireland peace process and that he had fallen out with Sinn Féin. However, there is no evidence to support he is sympathetic to any dissident republican groups. In March 2013, the Garda and the Police Service of Northern Ireland (PSNI), along with members of the Irish Customs Authority and HM Revenue and Customs (HMRC), raid his farm on the Louth-Armagh border. The Sunday World reports that two hours prior to the raid, at approximately 4:00 a.m., fire is seen coming from Murphy’s yard. There are serious concerns within the Garda and PSNI that a mole may have tipped off Murphy about the raid hours earlier as laptops, computer disks and a large amount of documentation is destroyed in the fires. As a result, an internal Garda investigation takes place.
On December 17, 2015, Murphy is found guilty on nine charges of tax evasion by a three-judge, non-jury Special Criminal Court trial sitting in Dublin, lasting nine weeks. He is tried under anti-terrorist legislation due to the belief by the Director of Public Prosecutions (DPP) that there would not be a fair trial because of the potential of the intimidation of prosecution witnesses and jurors, and the security surrounding the trial.
Murphy is found guilty on all charges of failing to furnish tax returns on his income as a “cattle farmer” between 1996 and 2004. He is prosecuted following a 14-year-long Criminal Assets Bureau investigation, which during a raid of his property uncovers bags with more than €250,000 and more than £111,000 sterling in cash, along with documents, diaries and ledgers. He is remanded on bail until early 2016 for sentencing.
On February 26, 2016, Murphy is sentenced to 18 months in prison. None of the jail term is suspended. Following sentencing, he is immediately transferred from court to Ireland’s highest-security prison, Portlaoise Prison, reserved for terrorists, dissident republicans and serious gangland criminals, under a heavily armed Garda and Irish Army escort due to security concerns.
Murphy appeals the conviction in November 2016. His lawyer, John Kearney, claims that the tax Murphy had not paid had in fact been paid by his brother, Patrick. The Court of Appeal dismisses the appeal on all grounds in January 2017.
Murphy is an active Irish republican paramilitary from his late teens. In March 1972, he is arrested in Dundalk regarding an assault and is sentenced to two years in prison after the Garda Síochána find a loaded revolver in his car. He is imprisoned in the Curragh Camp but escapes in October 1972 and is not recaptured until May 1973. In June 1976, he is imprisoned again, receiving a three-year sentence for firearms offences and a one-year sentence for Provisional Irish Republican Army membership, both sentences to run concurrently. In July 1983, he is arrested in the United States after attempting to buy a consignment of M60 machine guns to be shipped to Ireland for use by the Irish National Liberation Army (INLA). He receives a five-year prison sentence but returns to Ireland in December 1985 after being released early.
In the late 1980s, Murphy begins investing in property and forms a company named Emerald Enterprises in 1990. He purchases the Emerald Bar public house in Dundalk for IR£100,000, and it later becomes a meeting place for dissident republicans. Other investments included 30 acres of land in Drogheda bought for IR£52,000 in 1995, and his company wins contracts for an IR£11 million development at Dublin City University (DCU) and the multi-million-pound International Financial Services Centre in the Dublin Docklands.
Murphy is arrested by the Gardaí on February 21, 1999, for questioning under anti-terrorist legislation. On February 24, he becomes the first person to be charged in connection with the Omagh bombing, when he appears before Dublin‘s Special Criminal Court and is charged with conspiring to cause an explosion under the terms of Ireland’s Offences Against the State Act, between August 13-16, 1998. He is also charged with membership in an illegal organisation, the Real Irish Republican Army (RIRA).
On October 10, 2000, the BBC television show Panorama names Murphy as one of four people connected with the Omagh bombing, along with Seamus Daly and Liam Campbell. In 2001, he undertakes legal action against the BBC and Daily Mail publishers Associated Newspapers for contempt of court. The action against Associated Newspapers is settled on July 31, 2001, and the newspaper releases a statement saying Murphy is entitled to be presumed innocent of the charges against him until proven guilty.
Murphy’s trial begins at Special Criminal Court in Dublin on October 12, 2001. The court hears that Murphy had supplied two mobile phones which were used during the bombing. One witness, Murphy’s second cousin, retracts his evidence and the judge calls the conduct of two detectives outrageous, saying they had persistently lied under cross-examination. Despite this, on January 22, 2002, he is convicted of conspiring to cause the Omagh bombing, and on January 25 is sentenced to 14 years imprisonment with the judge describing him as a long-time republican extremist.
On January 21, 2005, Murphy’s conviction is overturned and a new trial ordered, due to the invasion of Murphy’s presumption of innocence, and alteration of Gardaí interview notes and evidence presented by two officers. A week later, his legal case against the BBC is resolved, with the BBC issuing a statement that Murphy “was fully entitled to maintain his innocence of the charges against him and to test the evidence against him at his trial.”
On October 23, 2006, two Gardaí officers are found not guilty of perjuring themselves during Murphy’s trial. On May 23, 2007, it is announced that Murphy is suffering from short-term memory loss resulting from a car accident in 1988. His lawyers attempt to prevent a retrial taking place, on the grounds that his condition interferes with his right to a fair hearing. The Court of Criminal Appeal is scheduled to hear his case again in October 2008. Following a retrial held in January 2010, he is acquitted on February 24, 2010.
In 2009, Murphy is one of four men found by a civil court to be liable for the Omagh bombing in a case taken by relatives of the victims. On July 7, 2011, in Belfast High Court, Lord Justice Malachy Higgins directs a retrial of the civil claims against Murphy. He questions evidence surrounding emails from U.S. undercover agent David Rupert while overturning the judgment on Murphy. The paucity of the email evidence, the lack of consistency in the emails or at least ambiguity, the possibility of initials referring to someone other than Murphy and the fact that they refer on occasions to double hearsay considerably weaken the emails as evidence, he says. Following a civil retrial on March 20, 2013, Murphy and Seamus Daly are found liable for involvement in the bombing.
O’Sullivan is educated locally at Mount Carmel school. After completing a BA at University College Dublin (UCD), she then goes on to work as an English and History teacher and guidance counsellor in a secondary school in Baldoyle, a position she holds for thirty years.
O’Sullivan is a member of Tony Gregory‘s local political organisation in the 1970s, first canvassing for him and later serving as his election agent. She is co-opted onto Dublin City Council for the North Inner City local electoral area from September 2008 to June 2009, after the retirement of Mick Rafferty. After the death of Tony Gregory, she wins the resulting by-election which is held on the same day as the local elections where she also wins a seat on Dublin City Council, for the North Inner City local electoral area. Marie Metcalfe is co-opted to take the seat due to the dual mandate rule. Subsequently Anna Quigley replaces Metcalfe on Dublin City Council, who is in turn replaced by Mel MacGiobúin in March 2014. MacGiobúin fails to be elected at the local elections held in May.
O’Sullivan is re-elected to the Dáil at the 2011 Irish general election. She joins the Dáil technical group which gives independents and minor parties more speaking time in Dáil debates. She describes a proposal for political gender quota legislation as “tokenistic” and that women are able to get themselves nominated for election.
In December 2015, O’Sullivan and fellow independent TDs Clare Daly and Mick Wallace each put forward offers of a €5,000 surety for a 23-year-old man being prosecuted under terrorism legislation in the Special Criminal Court in Dublin charged with membership of an illegal dissident republican terrorist organisation.
After the 2016 Irish general election O’Sullivan unsuccessfully stands for election as Ceann Comhairle. She joins a technical group aligned with Independents 4 Change, while remaining outside the Independents 4 Change party. She is criticised by the brother of late TD Tony Gregory, over an allegedly false claim made in her election literature.
On January 16, 2020, O’Sullivan announces she will not be standing in the 2020 Irish general election in February.
Article 38 of the Constitution of Ireland empowers Dáil Éireann to establish “special courts” with wide-ranging powers when the “ordinary courts are inadequate to secure the effective administration of justice.” The Offences against the State Act 1939 leads to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a “scheduled offence” is set out in the Offences Against the State (Scheduled Offences) Order 1972.
On May 26, 1972, the Government of Ireland exercises its power to make a proclamation pursuant to Section 35(2) of the Offences against the State Act 1939 which leads to the establishment of the Special Criminal Court for the trial of certain offences. The current court is first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army (IRA) from subverting Ireland’s neutrality during World War II and the Emergency. The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.
Although the court is initially set up to handle terrorism-related crime, its remit has been extended and it has been handling more organised crime cases after the Provisional Irish Republican Armyceasefire in the 1990s. For instance, members of the drugs gang which murdered journalistVeronica Guerin were tried in the Special Criminal Court.
Section 35(4) and (5) of the Offences against the State Act 1939 provide that if at any time the Government or the Parliament is satisfied that the ordinary courts are again adequate to secure the effective administration of justice and the preservation of public peace and order, a rescinding proclamation or resolution, respectively, shall be made terminating the Special Criminal Court regime. To date, no such rescinding proclamation or resolution has been promulgated. Following the introduction of a regular Government review and assessment procedure on January 14, 1997, reviews taking into account the views of the relevant State agencies are carried out on February 11, 1997, March 24, 1998, and April 14, 1999, and conclude that the continuance of the Court is necessary, not only in view of the continuing threat to State security posed by instances of violence, but also of the particular threat to the administration of justice, including jury intimidation, from the rise of organised and ruthless criminal gangs, principally involved in drug-related and violent crime.
The Special Criminal Court has been criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights for its procedures and for being a special court, which ordinarily should not be used against civilians. Among the criticisms are the lack of a jury and the increasing use of the court to try organised “ordinary” crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State, although others disagree and cite the continuing violence from dissident republican terrorism, international terrorism and serious gangland crime.
Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.
The Sinn Féin political party in the past has stated that it is their intention to abolish the Special Criminal Court as they believed it was used to convict political prisoners in a juryless court, however Sinn Féin are no longer in favour of its abolition. Some prominent Sinn Féin members, including Martin Ferris and Martin McGuinness, have been convicted of offences by it. In 1973 McGuinness was tried at the SCC, which he refused to recognise, after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He was convicted and sentenced to six months imprisonment.
(Pictured: The Criminal Courts of Justice complex in Dublin where Special Criminal Court (SCC) sittings are usually held)
O’Hara joins Na Fianna Éireann in 1970 and, in 1971, his brother Sean is interned in Long Kesh Prison. In late 1971, at the age of 14, he is shot and wounded by a soldier while manning a barricade. Due to his injuries, he is unable to attend the civil rights march on Bloody Sunday but watches it go by him in the Brandywell Stadium, and the events of the day have a lasting effect on him.
In October 1974, O’Hara is interned in Long Kesh Prison, and upon his release in April 1975 he joins the Irish Republican Socialist Party (IRSP) and INLA. He is arrested in Derry in June 1975 and held on remand for six months. In September 1976, he is arrested again and once more held on remand for four months.
On May 10, 1978, O’Hara is arrested on O’Connell Street in Dublin under section 30 of the Offences Against the State Act and is released eighteen hours later. He returns to Derry in January 1979 and is active in the INLA. On May 14, 1979, he is arrested and is convicted of possessing a hand grenade. He is sentenced to eight years in prison in January 1980.
O’Hara becomes Officer Commanding of the INLA prisoners at the beginning of the first hunger strike in 1980, and he joins the 1981 strike on March 22.
On Thursday, May 21, 1981, at 11:29 PM, Patsy O’Hara dies after 61 days on hunger strike, at the age of 23. In accordance with his wishes, his parents do not get him the medical intervention needed to save his life. His corpse is found to be mysteriously disfigured prior to its departure from prison and before the funeral, including signs of his face being beaten, a broken nose, and cigarette burns on his body.
seamus dubhghaill 