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ITV News
an hour ago
- Politics
- ITV News
Correct offences prosecuted in Winston Irvine case, Northern Ireland prosecutors insists
The correct offences were prosecuted in the case of a leading loyalist who was jailed for firearms offences, Northern Ireland's Public Prosecution Service (PPS) has Irvine was sentenced to two-and-a-half years, with half to be served in jail, at Belfast Crown Court last month following an incident where firearms and ammunition were found in the boot of his avoided a statutory five-year sentence on several of the charges he faced after Judge Gordon Kerr KC ruled that there were 'exceptional circumstances' in his case, namely Irvine's 'work for peace and his charity work in the community'.The PPS has previously said it is considering whether there is any legal basis to appeal the the length of Irvine's sentence and the fact that he and his co-accused Robin Workman were not prosecuted for terrorism offences have attracted criticism from some a statement, the PPS said it understood the public interest relating to the sentences but said some of the 'recent commentary on and coverage of this case has contained a number of factual inaccuracies'.It said the charges were brought under the Firearms (Northern Ireland) Order PPS statement added: 'Consideration was given to whether additional offences should be prosecuted.'After careful consideration of all the evidence submitted by police, it was concluded that there was insufficient evidence to prosecute either defendant for any additional offence, including a terrorist offence, such as membership of a proscribed organisation.'To prosecute for such an offence, there needs to be admissible evidence upon which a court could be sure that a defendant is a member, and not merely an associate of members of a proscribed organisation, or a supporter of any such organisation.'Statements in the media in relation to a defendant's alleged position within a proscribed organisation do not constitute admissible evidence.'The PPS is satisfied that the correct offences were prosecuted in this case.' Irvine, 49, of Ballysillan Road in north Belfast and Workman, 54, of Shore Road in Larne, County Antrim, had both previously admitted possession of a firearm and ammunition in suspicious also admitted two counts of possessing a handgun without a certificate, one count of possessing ammunition without a certificate, possessing a prohibited weapon and possessing a firearm without a further pleaded guilty to possessing a .177 calibre air rifle without holding a firearm offences were committed on June 8 2022, when Workman transported a quantity of weapons and ammunition to the Glencairn area of Belfast in his van, which were then put into the boot of Irvine's Volkswagen Tiguan car.A short time later, Irvine's vehicle was stopped by police in Disraeli Street.A long-barrelled firearm, two suspected pistols, several magazines and a large quantity of ammunition were discovered inside a bag in the the judge noted that UVF paraphernalia was found in the homes of both defendants, he did not consider that there was a terrorist link to the weapons that were PPS statement said that while sentencing is a matter for the independent judiciary, the Director of Public Prosecutions is currently giving consideration to referring the sentences as 'unduly lenient'.The statement added: 'The full sentencing remarks and submissions are being obtained, and the advice of senior counsel sought, to assist in determining whether there is a proper legal basis to refer the sentence to the Court of Appeal.'A decision to refer must be taken within 28 days of the date on which the sentence was imposed.'The date by which a referral must be made in this case is June 17.
Dublin Live
3 days ago
- Dublin Live
'Textbook' decoy convoy brought Kinahan boss to court after extradition
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info The Defence Forces and Gardaí concocted a decoy plan to get Kinahan mobster Sean McGovern safely to court, it has emerged. The Irish Mirror reports that military officers at Casement Aerodrome in Baldonnel, south County Dublin worked with senior Gardaí to send two convoys out at the same time – but the cavalcade the media filmed was a dummy one. Sources say the real convoy carrying McGovern, 39, to the Special Criminal Court left at the same time as the dummy one – but from another gate. "It was a textbook military tactic," a source said. More than a dozen media and members of the public were camped outside the main gate of the Air Corps HQ when the fake convoy – consisting of an Audi saloon, a Skoda SUV, a Hyundai SUV, a Volkswagen Golf and a Volkswagen Tiguan – left at approximately 6:51pm to make the 21kms journey to the CCJ in central Dublin, where the Special Criminal Court is located. But, unbeknownst to the observers, McGovern was not in any of the cars. Instead, he was being driven out of one of the other five gates in the sprawling airbase – in a convoy made up of a black Audi Saloon, a black BMW SUV and a black Audi estate. No civilians witnessed the convoy that was actually carrying McGovern leaving the base. The convoy – including members of the heavily-armed Emergency Response Unit – arrived at the CCJ at 7.11pm. Sources have confirmed the Defence Forces and Gardaí worked together to launch the diversion operation. Sources said it was aimed at minimising the security risk to Gardaí involved in the convoy. It's also understand that the gate through which the real convoy left Baldonnel was only opened for 30 seconds – just enough for the cars to leave. A Defence Forces spokesman and a spokesperson for An Garda Síochána declined to comment. McGovern later appeared in court on five charges. He is charged with one murder and four gangland offences. He is charged with the murder of Christoper, aka Noel, Kirwan at St Ronan's Drive in Clondalkin in west Dublin on December 22, 2016. Mr Kirwan, 62, was shot dead in the driveway of his home. He was targeted by the Kinahan cartel after he was spotted with Gerry "the Monk" Hutch at the funeral of his brother Eddie Hutch in Dublin in February 2016. Mr McGovern is also charged with four gangland offences. It is alleged that between October 20, 2016 and December 22, 2016, he directed the activities of the criminal gang that murdered Mr Kirwan. It is also alleged that between the same dates he facilitated the crime gang's murder of Mr Kirwan. He faces a further two charges in relation to a murder attempt on James "Maggo" Gately, 36, a leading figure in the Hutch organised crime gang. It is alleged that between October 17, 2015 and April 6, 2017, he directed a criminal organisation in relation to the monitoring of activity of Mr Gately. It is further alleged that between the same dates, he facilitated a conspiracy to murder Mr Gately. He was remanded in custody to Portlaoise Prison. His next court appearance is June 5 via video link from the prison. Join our Dublin Live breaking news service on WhatsApp. Click this link to receive your daily dose of Dublin Live content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. If you're curious, you can read our Privacy Notice. For all the latest news from Dublin and surrounding areas visit our homepage.
Irish Daily Mirror
3 days ago
- Irish Daily Mirror
WATCH: 'Textbook' decoy convoy brought Kinahan boss to court after extradition
The Defence Forces and Gardaí concocted a decoy plan to get Kinahan mobster Sean McGovern safely to court, it has emerged. The Irish Mirror has confirmed that military officers at Casement Aerodrome in Baldonnel, south County Dublin worked with senior Gardaí to send two convoys out at the same time – but the cavalcade the media filmed was a dummy one. Sources tell us the real convoy carrying McGovern, 39, to the Special Criminal Court left at the same time as the dummy one – but from another gate. 'It was a textbook military tactic,' a source tells us. More than a dozen media and members of the public were camped outside the main gate of the Air Corps HQ when the fake convoy – consisting of an Audi saloon, a Skoda SUV, a Hyundai SUV, a Volkswagen Golf and a Volkswagen Tiguan – left at approximately 6:51pm to make the 21kms journey to the CCJ in central Dublin, where the Special Criminal Court is located. But, unbeknownst to the observers, McGovern was not in any of the cars. Instead, he was being driven out of one of the other five gates in the sprawling airbase – in a convoy made up of a black Audi Saloon, a black BMW SUV and a black Audi estate. No civilians witnessed the convoy that was actually carrying McGovern leaving the base. The convoy – including members of the heavily-armed Emergency Response Unit – arrived at the CCJ at 7.11pm. Sources have confirmed the Defence Forces and Gardaí worked together to launch the diversion operation. Sources said it was aimed at minimising the security risk to Gardaí involved in the convoy. We also understand that the gate through which the real convoy left Baldonnel was only opened for 30 seconds – just enough for the cars to leave. A Defence Forces spokesman and a spokesperson for An Garda Síochána declined to comment. McGovern later appeared in court on five charges. He is charged with one murder and four gangland offences. He is charged with the murder of Christoper, aka Noel, Kirwan at St Ronan's Drive in Clondalkin in west Dublin on December 22, 2016. Mr Kirwan, 62, was shot dead in the driveway of his home. He was targeted by the Kinahan cartel after he was spotted with Gerry 'the Monk' Hutch at the funeral of his brother Eddie Hutch in Dublin in February 2016. Mr McGovern is also charged with four gangland offences. It is alleged that between October 20, 2016 and December 22, 2016, he directed the activities of the criminal gang that murdered Mr Kirwan. It is also alleged that between the same dates he facilitated the crime gang's murder of Mr Kirwan. He faces a further two charges in relation to a murder attempt on James 'Maggo' Gately, 36, a leading figure in the Hutch organised crime gang. It is alleged that between October 17, 2015 and April 6, 2017, he directed a criminal organisation in relation to the monitoring of activity of Mr Gately. It is further alleged that between the same dates, he facilitated a conspiracy to murder Mr Gately. He was remanded in custody to Portlaoise Prison. His next court appearance is June 5 via video link from the prison.
San Francisco Chronicle
4 days ago
- San Francisco Chronicle
State can't use medication evidence to counter insanity defense in fatal crash, Georgia court says
ATLANTA (AP) — In the prosecution of a Georgia woman who caused a fatal car crash while suffering a psychotic break, the state cannot use evidence that she had stopped taking some of her psychiatric medications to counter her insanity defense, the state's highest court ruled Wednesday. Michelle Wierson was driving her Volkswagen Tiguan at high speed through the streets of DeKalb County, in Atlanta's suburbs, when she hit a Toyota Corolla stopped at a traffic light. The impact pushed the car into the intersection, where it collided with another car. Miles Jenness, a 5-year-old passenger in the Toyota, suffered a traumatic brain injury and a severed spine and died days later. Everyone agrees that Wierson caused the September 2018 wreck. Her defense attorneys filed notice that she intended to plead not guilty by reason of insanity, saying that at the time of the wreck she was suffering from a 'delusional compulsion' caused by mental illness that absolves her of criminal liability. The DeKalb County district attorney's office wanted to present evidence that Wierson had stopped taking some medication prescribed to treat bipolar disorder, arguing that the jury should be allowed to consider that she voluntarily contributed to her mental state. The trial court said the state could use that evidence, but the state Court of Appeals reversed that ruling in a pretrial appeal. The state then appealed to the state Supreme Court, which upheld the intermediate appeals court's ruling. An Atlanta-area psychologist with a yearslong history of bipolar disorder, Wierson believed at the time of the crash that she was on a mission from God to save her daughter from being killed, her lawyers have said. Georgia law outlines two tests for someone seeking to use an insanity defense at trial. Both have to do with the person's mental state 'at the time of' the alleged crime. The first says a person shall not be found guilty of a crime if they 'did not have mental capacity to distinguish between right and wrong' related to the act. The second says a person shall not be found guilty of a crime if the person acted because of 'a delusional compulsion' that 'overmastered' their will. An expert hired by the defense and another engaged by the court found that Wierson met both of those criteria. Justice Andrew Pinson wrote in Wednesday's majority opinion that the law says nothing about the cause of the person's mental state at the time of the crime. 'Put simply, the plain language of the insanity-defense statutes gives not even a hint that these defenses would not be available to a person who has 'brought about' the relevant mental state voluntarily, whether by not taking medication or otherwise,' he wrote. Robert Rubin, a lawyer for Wierson, has said that his client is 'haunted by the tragic consequences' of her actions. But he said in an email Wednesday that he hopes the Supreme Court ruling will allow the case to be resolved without a trial. 'The Georgia Supreme Court reaffirmed the basic principle that the focus of an insanity case is the defendant's state of mind at the time of the act,' he wrote. 'The State never disputed that our client was insane at the time of the accident. Its attempt to make this case about alleged medication compliance was misplaced and dragged this case out unnecessarily.' A spokesperson for the DeKalb County district attorney's office said in a statement that prosecutors are committed to taking the case to trial and having a jury determine whether Wierson was responsible for her actions. 'While we are disappointed with the Georgia Supreme Court's ruling in this case, it will not deter us from pursuing justice for Miles Jenness and his family," the statement says. Miles' mother, Leah Jenness, said her son 'should have just wrapped up sixth grade, but instead he's in an urn on our mantel.' She said the ruling has compounded her pain. 'Since Miles was killed, we have always believed that he deserves to have his story told,' she wrote. 'The idea of justice, for us, has always involved a jury being able to hear all the facts about what happened to him. As we understand the Supreme Court's ruling today, that's not possible now. It's hard for us to see how that's fair and just.' In its ruling on this case, the Supreme Court also overturned its own ruling in a 1982 case that had created an exception to the insanity defenses. That case involved a man diagnosed with paranoid schizophrenia who, against his doctor's orders, put himself in a highly stressful situation and ended up killing two people.
5 days ago
State can't use medication evidence to counter insanity defense in fatal crash, Georgia court says
ATLANTA -- In the prosecution of a Georgia woman who caused a fatal car crash while suffering a psychotic break, the state cannot use evidence that she had stopped taking some of her psychiatric medications to counter her insanity defense, the state's highest court ruled Wednesday. Michelle Wierson was driving her Volkswagen Tiguan at high speed through the streets of DeKalb County, in Atlanta's suburbs, when she hit a Toyota Corolla stopped at a traffic light. The impact pushed the car into the intersection where it collided with another car. Miles Jenness, a 5-year-old passenger in the Toyota, suffered a traumatic brain injury and a severed spine and died days later. Everyone agrees that Wierson caused the September 2018 wreck. Her defense attorneys filed notice that she intended to plead not guilty by reason of insanity, saying that at the time of the wreck she was suffering from a 'delusional compulsion' caused by mental illness that absolves her of criminal liability. The DeKalb County district attorney's office wanted to present evidence that Wierson had stopped taking some medication prescribed to treat bipolar disorder, arguing that the jury should be allowed to consider that she voluntarily contributed to her mental state. The trial court said the state could use that evidence, but the state Court of Appeals reversed that ruling in a pretrial appeal. The state then appealed to the state Supreme Court, which upheld the intermediate appeals court's ruling. An Atlanta-area psychologist with a years-long history of bipolar disorder, Wierson believed at the time of the crash that she was on a mission from God to save her daughter from being killed, her lawyers have said. Georgia law outlines two tests for someone seeking to use an insanity defense at trial. Both have to do with the person's mental state 'at the time of' the alleged crime. The first says a person shall not be found guilty of a crime if they 'did not have mental capacity to distinguish between right and wrong' related to the act. The second says a person shall not be found guilty of a crime if the person acted because of 'a delusional compulsion' that 'overmastered' their will. An expert hired by the defense and another engaged by the court found that Wierson met both of those criteria. Justice Andrew Pinson wrote in Wednesday's majority opinion that the law says nothing about the cause of the person's mental state at the time of the crime. 'Put simply, the plain language of the insanity-defense statutes gives not even a hint that these defenses would not be available to a person who has 'brought about' the relevant mental state voluntarily, whether by not taking medication or otherwise,' he wrote. Robert Rubin, a lawyer for Wierson, has said that his client is 'haunted by the tragic consequences' of her actions. But he said in an email Wednesday that he hopes the Supreme Court ruling will allow the case to be resolved without a trial. 'The Georgia Supreme Court reaffirmed the basic principle that the focus of an insanity case is the defendant's state of mind at the time of the act,' he wrote. 'The State never disputed that our client was insane at the time of the accident. Its attempt to make this case about alleged medication compliance was misplaced and dragged this case out unnecessarily.' The DeKalb County district attorney's office did not immediately have a comment Wednesday. Bruce Hagen, a lawyer for the Jenness family said in an email that he was 'very disappointed, although not surprised' by the high court's ruling. In its ruling on this case, the Supreme Court also overturned its own ruling in a 1982 case that had created an exception to the insanity defenses. That case involved a man diagnosed with paranoid schizophrenia who, against his doctor's orders, put himself in a highly stressful situation and ended up killing two people.
