Mellon, R v [2015] NICC 14 (30 June 2015)

Mellon, R v [2015] NICC 14 (30 June 2015)

The evidence, including the handwritten note and its context, established the defendant's leadership role in the 32 County Sovereignty Movement, but did not prove beyond reasonable doubt that he was a member of or directed the IRA. There was no evidence that the 32 County Sovereignty Movement is the same as the IRA, nor that the defendant's actions were on behalf of the IRA. Suspicion and probability are insufficient for conviction.

Citation
[2015] NICC 14
Parties
Prosecution: The Queen; Defendant: Thomas Ashe Mellon
Jurisdiction
Northern Ireland
Judgment Date
30 June 2015
Procedural Posture
Criminal / Trial Judgment
Outcome
Acquittal on counts of membership and directing a terrorist organisation; conviction (by plea) on possession of articles for use in terrorism.
Legal Topics
Membership of Proscribed Organisation, Directing Terrorist Organisation, Possession of Articles for Terrorism, Interpretation of Evidence, Standard of Proof
Criminal Law Counter Terrorism Membership of Proscribed Organisation Directing Terrorist Organisation Possession of Articles for Terrorism Interpretation of Evidence Standard of Proof

Case Brief

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Parties

The Queen

Prosecution

Thomas Ashe Mellon

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the defendant belonged to or professed to belong to a proscribed organisation (IRA) under section 11(1) of the Terrorism Act 2000
  2. 2 Whether the defendant directed a terrorist organisation (IRA) under section 56(1) of the Terrorism Act 2000
  3. 3 Interpretation of evidence (handwritten note) as proof of membership or directing role

Ratio Decidendi

The evidence, including the handwritten note and its context, established the defendant's leadership role in the 32 County Sovereignty Movement, but did not prove beyond reasonable doubt that he was a member of or directed the IRA. There was no evidence that the 32 County Sovereignty Movement is the same as the IRA, nor that the defendant's actions were on behalf of the IRA. Suspicion and probability are insufficient for conviction.

Court Disposition

Acquittal on counts of membership and directing a terrorist organisation; conviction (by plea) on possession of articles for use in terrorism.