R v Morgan & Others
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 13 November 2020 |
| Neutral Citation | [2020] NICC 14 |
| Court | Crown Court (Northern Ireland) |
| Date | 13 November 2020 |
1
Neutral Citation No: [2020] NICC 14
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL11329
ICOS No: 17/094876
Delivered: 13/11/2020
IN THE CROWN COURT OF NORTHERN IRELAND
SITTING AT BELFAST
__________
THE QUEEN
-v-
MORGAN & OTHERS
___________
SENTENCING REMARKS
___________
COLTON J
INTRODUCTION
[1] At the outset I want to place on record my thanks to all the counsel who
appeared in this matter. This sentencing exercise took place in the context of the
restrictions required arising from the Covid-19 pandemic. In order to assist the court
counsel submitted invaluable lengthy written submissions. I take all of these
submissions fully into account. Mr Ciaran Murphy QC led Mr Samuel Magee QC
and Mr David Russell for the prosecution. Mr Desmond Fahy QC led Mr Plunkett
Nugent for the defendant Patrick Joseph Blair. Mr Patrick Lyttle QC led Mr Stewart
Hindley for the defendant Seamus Morgan. Mr Mark Mulholland QC led Mr Joseph
O’Keefe for the defendant Joseph Matthew Lynch. Mr Martin O’Rourke QC SC led
Mr Tom McCreanor for the defendant Liam Hannaway. Ms Eilis McDermot QC led
Mr Barry McKenna for the defendant John Sheehy. Mr Kieran Mallon QC led
Mr Bobbie Rea for the defendant Kevin John Paul Heaney. Ms Martina Connolly QC
led Mr Terence McCleave for the defendant Terence Marks.
FACTUAL BACKGROUND
[2] During the period between 12 August 2014 and 10 November 2014 a property
at 15 Ardcarn Park, Newry (hereinafter “Ardcarn Park”) was under surveillance.
Recordings were made of conversations which took place in that property on 11
different dates namely:
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12 August 2014
2 September 2014
10 September 2014
12 September 2014
18 September 2014
3 October 2014
7 October 2014
13 October 2014
15 October 2014
28 October 2014
10 November 2014.
[3] Following an analysis of the contents of the audio recordings, the PSNI
conducted a search and arrest operation for terrorist offences at the s aid premises on
10 November 2014. Those arrested at the property included the defendants
Patrick Blair, Seamus Morgan, Joseph Lynch, Liam Hannaway and John Sheehy.
[4] On 15 December 2014 police conducted a follow-up search and arrest
operation when they arrested 3 other males including the defendants, Kevin John
Paul Heaney and Terence Marks.
[5] The contents of the recordings are the evidential basis for the counts each of
the defendants face on the indictment.
[6] In short form the recordings revealed discussions between the defendants at
various times on the dates set out above at the premises in Ardcarn Park.
[7] The discussions reveal that the defendants belonged to a proscribed
organisation, namely the Irish Republican Army and discussed matters relating to
terrorist activities. Not all of the defendants were present at all of the discussions.
Some of the counts rely on the totality of the conversations and other counts relate to
specific conversations on specific dates.
[8] At their most serious the conversations relate to potential strategies for their
organisation including how to deal with other “dissident” Republican organisations,
the size and structure of their organisation, the identification of possible targets,
training and sourcing of weapons and materials for pipe bombs and sources of
funding for criminal activities including robbery.
PATRICK JOSEPH BLAIR
[9] I propose to deal firstly with the defendant Patrick Joseph Blair. Some of the
remarks I make are of general application to all of the defendants and therefore I do
not propose to repeat them when I deal with them in turn.
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[10] The defendant Patrick Blair faces 15 counts as follows:
Count 1 – Belonging to or professing to belong to a proscribed organisation,
contrary to section 11(1) of the Terrorism Act 2000 (11/8/14-11/11/14).
Count 2 – Providing weapons, training or instruction, contrary to section 54(1) of
the Terrorism Act 2000 (10/9/14).
Count 3 - Providing weapons, training or instruction, contrary to section 54(1) of
the Terrorism Act 2000 (15/10/14).
Count 5 – Conspiracy to possess explosives with intent to endanger life or cause
serious injury to property, contrary to Article 9(1) of the Criminal
Attempts and Conspiracy (Northern Ireland) Order 1983 and section
3(1)(b) of the Explosive Substances Act 1883.
Count 6 - Conspiracy to possess firearms and ammunition with intent, contrary
to Article 9(1) of the Criminal Attempts and Conspiracy
(Northern Ireland) Order 1983 and Article 58(1) of the Firearms
(Northern Ireland) Order 2004.
Count 7 - Preparation of terrorist acts, contrary to section 5(1) of the Terrorism
Act 2006 (12/8/14).
Count 8 - Preparation of terrorist acts, contrary to section 5(1) of the Terrorism
Act 2006 (3/10/14).
Count 9 - Preparation of terrorist acts, contrary to section 5(1) of the Terrorism
Act 2006 (18/9/14).
Count 10 - Providing weapons training or instruction, contrary to section 54(1) of
the Terrorism Act 2000 (12/8/14).
Count 11 - Providing weapons, training or instruction, contrary to section 54(1) of
the Terrorism Act 2000 (2/9/14).
Count 12 - Providing weapons, training or instruction, contrary to section 54(1) of
the Terrorism Act 2000 (18/9/14).
Count 13 - Preparation of terrorist acts, contrary to section 5(1) of the Terrorism
Act 2006 (2/9/14).
Count 14 - Collecting information likely to be of use to terrorists, contrary to
section 58(1)(b) of the Terrorism Act 2000 (3/10/14).
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