Paul Neilan

An ‘Arthur Daley’ sort used automobile salesman who was convicted of IRA membership over a foiled bomb plot in opposition to a canceled PSNI officer desires his case declared a miscarriage of justice.

Robert O’Leary (44) was initially arrested after a automobile he bought was later utilized by dissident Republicans within the botched bombing operation in opposition to the officer in Belfast.

He was jailed for 3 years following a trial in a particular felony courtroom in October 2020 wherein he was discovered responsible by the three-judge tribunal of being a member of a bunch posing because the Irish Republican Military, in any other case Óglaigh na hÉireann, at a location throughout the state in August 2019.

The conviction, nevertheless, was overturned after it emerged Mr O’Leary’s legal professionals had not been informed by the prosecution that the primary witness within the trial in opposition to their consumer was a convicted drug vendor.

The President of the Court docket of Enchantment, Decide George Birmingham, informed a listening to in January 2022 that an inquiry was warranted after studying that the DPP didn’t oppose Mr O’s enchantment. Leary in opposition to conviction.

Having efficiently appealed, Mr O’Leary, of Clancy Highway, Finglas, Dublin, known as for an finish to the Particular Felony Court docket after he described the ordeal of being ‘imprisoned for a criminal offense I didn’t commit by the courtroom and not using a jury as “terrible”. Mr O’Leary has additionally vowed to not let his case ‘be swept underneath the rug’.

Miscarriage of justice

On the Court docket of Enchantment on Friday, Bernard Condon SC, for Mr O’Leary, mentioned his consumer would search a certificates of miscarriage of justice underneath part 9 of the Court docket of Enchantment Act 2014 .

Mr Condon mentioned some points concerning the affidavit had not but been finalized and had been of a “delicate” nature. Mr Condon mentioned an edited affidavit could be filed with the courtroom.

Decide George Birmingham adjourned the case to February 17 for point out.

Throughout Mr O’Leary’s trial, the prosecution claimed a Skoda Octavia automobile utilized by the New IRA once they planted a bomb underneath a PSNI officer’s Jeep at Shandon Park Golf Membership, Belfast , in June 2019, had been offered by Mr. O’Leary.

The courtroom was informed that Mr O’Leary had informed Gardai he had purchased the Skoda Octavia for €750 earlier than reselling it “two or three days” later.

Evaluating himself to Arthur Daley’s character from the Eighties comedy collection ‘Minder’, he informed officers his principal enterprise was pounding indicators, however he additionally ‘flips’ used automobiles for as little than 200 €.

Mr O’Leary later appealed on the grounds {that a} newly found truth meant his conviction was not protected.

Convicted drug vendor

In a press release to the Court docket of Enchantment, legal professionals for Mr O’Leary mentioned the state’s principal witness in opposition to their consumer, Nik Kasapi (40), was a convicted drug vendor.

Kasapi, in line with the defence, pleaded responsible to 2 counts of possession of a amount of medicine on the market or provide at Dublin Circuit Felony Court docket in Might 2016 and was sentenced to 2 years and 6 months in jail. ‘imprisonment.

Kasapi, aka Armin Kasapovic, was additionally named in authorized paperwork because the proprietor of an organization known as Millennium Motors and that he was wished in Montenegro for drug offenses involving the sale or provide of two million euros of hashish.

“If these info had been recognized earlier than the trial, they’d have had an influence on the credibility of the witness,” the protection mentioned.

Mr O’Leary mentioned there was ‘no proof’ in opposition to him and the ‘case ought to by no means have come to courtroom’.

“I used to be locked up for a yr and a half for a criminal offense I didn’t commit,” he mentioned.

“The influence it had on my household, my enterprise, was horrific. I bought a automobile legally. When did it turn into a criminal offense?

Mr O’Leary added that it was ‘not the tip of the matter’ so far as he was involved.

“It will not be swept underneath the rug,” he mentioned. “If there was ever a case that emphasised that there should not be a particular felony courtroom, it was mine.”

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