The Commission has referred the convictions of James Martin, Veronica Ryan, Liam Martin, James O'Carroll and John Murray to the Northern Ireland Court of Appeal.
Each of them was convicted of false imprisonment on 8 May 1991 at Belfast Crown Court. James Martin was also convicted of making property available for terrorism. James O’Carroll was sentenced to 10 years’ imprisonment, John Murray 8 years, James Martin to 5 years and Veronica Ryan to 3 years. Liam Martin received a suspended jail sentence of 6 months.
The Crown’s case was that these defendants were amongst a number of people, including Danny Morrison and Gerard Hodgins, who falsely imprisoned Alexander (Sandy) Lynch in Belfast between 5 and 7 January 1990.
Mr Murray appealed against his conviction but his appeal was dismissed on 7 July 1992. The other four have not appealed.
In February of this year, the Commission referred the convictions of Danny Morrison and Gerard Hodgins to the Court of Appeal. At that time, the Commission wrote to a number of their co-defendants to enquire if they also wanted to make applications to the Commission. The above five then did so.
The Commission has now decided to refer these further convictions to the Court of Appeal. The reasons for the referrals have been provided in a confidential annex to the Court of Appeal and the Public Prosecution Service.
The nature of the reasons for the referrals means that the Commission has been unable to inform the applicants or their representatives why these cases have been referred.
It will be for the Northern Ireland Court of Appeal to make any further decisions on disclosure.
Mr James Martin is legally represented by Mr Kevin Winters, Kevin R Winters & Co. Solicitors, 46 Castle Street, Belfast. Tel: 02890 241888.
Mr O’Carroll is legally represented by Mr P.J. Barra McGrory, P.J. McGrory & Co, 52 Andersonstown Road, Belfast. Tel: 02890 602986.
Mr Murray is legally represented by Breen Rankin Lenzi, Alameda Terrace , 266 Falls Road, Belfast. Tel 02890 434550
This press release was issued by Cathy Lee, Criminal Cases Review Commission, on 0121 633 1806.
NOTES TO EDITORS
1. The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
2. There are 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. The Commission receives around 1,000 applications for reviews (convictions and/or sentences) each year. Our current rates of referral are around 4%, which means around one in 25 of all applications are referred to the appeal courts.
4. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
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