R v Eamonn McCann, Sean Heaton, James Anthony Kelly, Colm Donal Sarto Bryce, Eamon O'Donnell and Kieran Vincent Gallagher
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2008 |
| Neutral Citation | [2008 NICA 25 |
| Date | 09 June 2008 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2008] NICA 25 Ref:
KER7199
Judgment: approved by the Court for handing down Delivered:
9/6/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
REGINA
-v-
EAMONN McCANN, SEAN HEATON, JAMES ANTHONY KELLY,
COLM DONAL SARTO BRYCE, EAMON O’DONNELL and KIERAN
VINCENT GALLAGHER
_________
PROSECUTION APPEAL PURSUANT TO ARTICLE 17
OF THE CRIMINAL JUSTICE (NORTHERN IRELAND) ORDER 2004
_________
Before Kerr LCJ, Campbell LJ and Higgins LJ
_______
KERR LCJ
Introduction
[1] This is an application for leave to appeal against a ruling made by His
Honour Judge Burgess, the Recorder of Belfast, on the trial of Eamonn
McCann and others, whom we shall refer to as ‘the defendants’. The
defendants were charged on an indictment with a number of offences
including three counts of criminal damage contrary to article 3(1) of the
Criminal Damage (Northern Ireland) Order 1977. The Recorder concluded
that the criminal damage charges should not be left to the jury and it is
against this ruling that the prosecution seeks leave to appeal.
Background
[2] On 9 August 2006 the defendants went to the premises of Raytheon
Systems Limited which is situated at the Science Park, Branch Road, Derry.
They claimed that their aim was to enter the premises and, if that proved
2
possible, to cause such damage as would hinder, disrupt or interfere with the
role of the company in Derry as part of the Raytheon group supplying
missiles to carry out attacks that resulted in damage to the property of
Lebanese citizens.
[3] Arising from the incidents that took place on 9 August, the six defendants
are currently being tried on indictment for the following offences:
Count 1 – Affray
Count 2 – Criminal Damage to an office building
Count 3 – Criminal Damage to computer and office equipment
Count 4 – Criminal Damage to a Vauxhall Astra motor vehicle
Eamon McCann is further charged with the theft of three computer disks and
Kieran Gallagher is charged with the theft of four computer disks.
[4] The trial is taking place before His Honour Judge Burgess sitting with a
jury at Belfast Crown Court. The defence case is that they honestly believed
(a) that the damage caused by them was to protect the property of Lebanese
citizens from being destroyed by the Israeli Defence Force; (b) that the
property of Lebanese citizens was in immediate need of protection given the
reports of the destruction of property at the end of July and beginning of
August 2006 by the Israeli Defence Force; (c) that the actions taken by them
were reasonable having regard to all of the circumstances, including the
information which they say they had and believed to be credible as to the use
by Israeli Defence Forces of Raytheon products (including software) in those
attacks; and (d) that those beliefs were honestly held, based as they were on
the extensive material known to them through research, the media and their
connections with groups also objecting to the supply of weaponry and what
was happening over the years in the Middle East.
[5] On 4 June 2008, the Recorder gave a written ruling that, on the evidence,
no jury properly directed would convict the defendants on counts 2, 3 and 4
on the indictment (i.e. the criminal damage charges). He therefore withdrew
the offences charged in those counts from the jury.
The Criminal Damage (Northern Ireland) Order 1977:
[6] Article 3(1) of the 1977 Order provides: -
“A person who without lawful excuse destroys or
damages any property belonging to another
intending to destroy or damage any such property
or being reckless as to whether any such property
would be destroyed or damaged shall be guilty of
an offence.”
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