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26/09/2011
False Imprisonment Case Goes To Appeal
There's an unusual development in legal affairs this week with news that the Criminal Cases Review Commission has referred two convictions to the Northern Ireland Court of Appeal.
It is thought both James Martin and Veronica Ryan (formerly known as Veronica Martin) were actively 'invited' to seek the appeal.
They were convicted together in May 1991 at Belfast Crown Court of the false imprisonment of Joseph Fenton.
Mr Martin was also convicted on that date of making property available for terrorism. Mr Martin was sentenced to four years' imprisonment and Ms Ryan was sentenced to six months' imprisonment.
The Commission added that Mr Martin and Ms Ryan were also convicted, with others, of a separate count of false imprisonment.
Mr Martin was also convicted of another count of making property available for terrorism.
Those convictions, relating to an incident involving Alexander Lynch, were the subject of an earlier Commission investigation that led to the referral of the defendants' convictions to the Court in 2008.
Those convictions were quashed by the Northern Ireland Court of Appeal on 9th January 2009.
The Commission has now said that the separate prosecution case against Mr Martin and Ms Ryan was that they falsely imprisoned Mr Fenton in Belfast between 25th and 26th February 1989.
Mr Martin was also charged with aiding and abetting the murder of Joseph Fenton but was acquitted of that offence.
The Commission's review of these convictions followed the Northern Ireland Court of Appeal's decision in January 2009 to quash Mr Martin's and Ms Ryan's convictions relating to a separate incident.
A statement just issued by the Commission said it has now carried out a detailed investigation into the convictions relating to Mr Fenton.
It has decided to refer the convictions to the Northern Ireland Court of Appeal because it considers there is a real possibility that the Court would quash them if a fresh appeal were to be heard.
The nature of the issues leading to the referral means that the Commission cannot disclose the specific reasons for its decision. "The Commission is not able to give applicants or their representatives the specific reasons why these convictions have been referred, but a summary of the Commission's findings has been provided," the statement said, adding, "The full reasons for the referrals will be provided in a confidential annex to the Court of Appeal and the Public Prosecution Service."
The statement added: "It will be for the Northern Ireland Court of Appeal to make any further decisions on disclosure in relation to the appeal proceedings subsequent to referral by the Commission."
(BMcC/CD)
It is thought both James Martin and Veronica Ryan (formerly known as Veronica Martin) were actively 'invited' to seek the appeal.
They were convicted together in May 1991 at Belfast Crown Court of the false imprisonment of Joseph Fenton.
Mr Martin was also convicted on that date of making property available for terrorism. Mr Martin was sentenced to four years' imprisonment and Ms Ryan was sentenced to six months' imprisonment.
The Commission added that Mr Martin and Ms Ryan were also convicted, with others, of a separate count of false imprisonment.
Mr Martin was also convicted of another count of making property available for terrorism.
Those convictions, relating to an incident involving Alexander Lynch, were the subject of an earlier Commission investigation that led to the referral of the defendants' convictions to the Court in 2008.
Those convictions were quashed by the Northern Ireland Court of Appeal on 9th January 2009.
The Commission has now said that the separate prosecution case against Mr Martin and Ms Ryan was that they falsely imprisoned Mr Fenton in Belfast between 25th and 26th February 1989.
Mr Martin was also charged with aiding and abetting the murder of Joseph Fenton but was acquitted of that offence.
The Commission's review of these convictions followed the Northern Ireland Court of Appeal's decision in January 2009 to quash Mr Martin's and Ms Ryan's convictions relating to a separate incident.
A statement just issued by the Commission said it has now carried out a detailed investigation into the convictions relating to Mr Fenton.
It has decided to refer the convictions to the Northern Ireland Court of Appeal because it considers there is a real possibility that the Court would quash them if a fresh appeal were to be heard.
The nature of the issues leading to the referral means that the Commission cannot disclose the specific reasons for its decision. "The Commission is not able to give applicants or their representatives the specific reasons why these convictions have been referred, but a summary of the Commission's findings has been provided," the statement said, adding, "The full reasons for the referrals will be provided in a confidential annex to the Court of Appeal and the Public Prosecution Service."
The statement added: "It will be for the Northern Ireland Court of Appeal to make any further decisions on disclosure in relation to the appeal proceedings subsequent to referral by the Commission."
(BMcC/CD)
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