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350 TRIALS IN SPECIAL CRIMINAL COURT
Almost 350 people have been tried by the Special Crim-
inal Court in Dublin in the first sixteen months of its
operation, according to figures given by the Department
of Justice in response to inquiries.
Up to the end of last August, the Court—which was
set up in May of last year—had convicted 249 persons
and acquitted 100.
The category in which most convictions occurred was
firearms offences. A total of 84 people were convicted
for offences in this category, and they received sentences
varying from three weeks to five years.
There were 39 convictions for explosives offences,
and sentences in these cases ranged from four months
to eight years.
In the same period, to the end of August, 34 people
were convicted of membership of an unlawful organisa-
tion and their sentences varied from three months to
fifteen months. (It is apparent from reports of various
cases that the Court has gradually increased the severity
of sentence for this offence, from a point around the
start of its operations when the usual term was six
months, to the present practice of imposing a year or
fifteen months.)
Eighteen persons were convicted of armed robbery
with aggravation, receiving variously from eighteen
months to ten years imprisonment.
There were 18 convictions for assault also, and sen-
tences have been from six months to seven years. Ten
persons were sentenced for incitement and the terms
imposed were from two weeks to twelve months. Eleven
were convicted of larceny; sentences were from three
years to five years.
Eight have been convicted under the Official Secrets
Act, 1963, and their sentences varied from three months
to three years.
Smaller categories of offences were, for example, con-
spiracy, of which six persons were convicted, and con-
victions for false pretences, malicious damage, receiving
stolen property, obstructing gardai, and escaping from
prison, were numbered in ones and twos.
Although there were very few convictions in these
latter categories, it is these cases for the most part which
have given rise to claims in some quarters that the
Special Criminal Court is being used occasionally in
non-political cases, because of the higher conviction
rate there.
The Court, which sits without a jury, has a panel of
seven judges from which the tribunal of three is drawn.
The present members of the panel are Justice O Caoimh
of the Supreme Court, Mr. Justice Finlay, Judge Con-
roy and Judge Ryan of the Circuit Court, Justice O
Floinn, president of the District Court, and Justices
Tormey and Carroll of the District Court.
Last January, Mr. Justice Finlay replaced Mr. Justice
Griffin, who had up to then presided at most of the
trials in the Special Criminal Court.
The Irish Times
(10 October 1973)
Strasbourg: No friendly deal is likely
lhe prospects of an early, friendly settlement in the
Ireland v Britain case have receded sharply. The British
Attorney-General, Sir Peter Rawlinson, will make a
last-ditch effort here today to try to prevent the Com-
mission of Human Rights proceeding to the stage where
evidence will be taken from key witnesses in the North
and the torture charges are investigated on the ground.
The Attorney-General, Mr. Declan Costello, has now,
it is understood, made it clear to the Commission that
Ireland will not agree to any settlement unless Britain
admits that there were breaches of the Convention of
Human Rights in the Six Counties, especially in rela-
tion to torture and that the individual who was tortured
will be fully compensated.
Mr. Costello now wants Britain to come forward with
concrete proposals this morning that will guarántee
there would be no repetition in the North of the
breaches of the Convention. Only in the event of guar-
antees of this nature will an early settlement be on the
cards.
The Commission meets early this morning to try and
devise proposals that will break the deadlock. Then, at
midday, there will be another open session involving the
Irish and British teams. Everything could hinge on this
session. The British Attorney-General is reported to be
very unhappy at the way things are going and at the
very determined stand being taken by the Irish team.
He looked grave and pre-occupied as he left the Human
Rights building here last evening.
The cut and thrust of the legal arguments between
Sir Peter and Mr. Costello over the past four days
have been described as "rough" and "unrelenting".
Where in the initial hearing a year ago Sir Peter
walked across the floor and congratulated Mr. Tom
Finlay (now Mr. Justice Finlay) for his brilliant eluci-
dation of points of law in the Irish case, the mood this
week has been very different indeed. But then the first
hearing was only concerned with the admissability of
the Irish case.
Britain, it is understood, is endeavouring to avoid at
any cost the embarrassment of a team of Commissioners
arriving in the North to investigate things on the spot,
especially the conditions in Long Kesh and also the
charges that detainees were tortured in the course of
interrogation.
Mr. Costello conceded nothing in ten hours of legal
arguments this week. He has driven every point home
with ruthless ability. The bi-partisan policy between
the Coalition Government and Fianna Fail in fighting
this case on the fundamental issues of the right of the
individual to a fair trial, and the basic issue of intern-
ment itself is evident in the support being given to Mr.
Costello by his second in command, Mr. Tony Heder-
man, S.C., who was a member of the team at the initial
hearing under Mr. Colm Condon.
Britain is now mounting a strong offensive aimed at
pressurising the Commission of Human Rights in Stras-
bourg to force the Irish Government into an early
settlement of the inter-State case arising from intern-
ment and the torture of detainees in the North.
The powerful weapon that Britain is using is to
threaten the Commission that it may, at worst, not
renew its ratification of the Convention of Human
Rights when it comes up for renewal next January.
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