Judge throws out directing terrorism charge
THE first woman ever to be charged with directing terrorism in the North of Ireland has had the charge thrown out by a Crown Court judge.
Sharon Rafferty (38) of Cavana Linn in Pomeroy was charged along with three others in connection with an alleged dissident republican firing range in an isolated woodland lying between Creggan, Broughderg and Dunnamore.
Up to 30 balloons were reportedly found by British soldiers at Formil Wood on March 30 2012. Rafferty was charged two months later along with Sean Kelly (48) of Duneane Crescent in Toomebridge, Co Antrim, Aidan Coney (35) of Malabhuí Road, Carrickmore, and Gavin Coney (36) of Gorticashel Road, Greencastle.
At Belfast Crown Court last Friday (November 15), Judge David McFarland ruled that there was insufficient evidence to support the charge against Sharon Rafferty of directing the activities of a terrorist organisation. He also threw out a charge of directing terrorism against Sean Kelly.
During the hearing, defence barrister Sean Devine argued that there has been no loss of life, injury or damage to property by the accused.
He said there had been no use of unlawful weapons, movement of arms, or indeed any positive activity consistent with active terrorist behaviour.
Solicitor for the Pomeroy woman, Darragh Mackin of Belfast law firm Kevin R Winters and Co, said, “The complexion of the case has changed dramatically.”
He said, “There was a focussed, sophisticated and intense surveillance operation in respect of this accused for several months which did not elicit compelling results.
“Rather than being apprehended ‘in flagrante’, as no doubt the authorities would have wished, the decision to arrest was only made after several months and a failure to recover either any meaningful or unlawful weaponry, or behaviour that was patently unlawful.”
TRIAL
A Crown Court Diplock trial is set to go ahead next year on the remaining 24 charges faced by the four co-defendants. Rafferty, Kelly and the Coney brothers have pleaded not guilty to all remaining charges.
All four are charged with possessing a Walther .22 rifle and ammunition in suspicious circumstances and with intent. They are also charged with attending Formil Wood on the Gorticashel Road on March 30 for terrorist training.
Rafferty and Kelly are both charged with belonging to a proscribed organisation. The 48-year-old Antrim man also faces three charges of collecting information likely to be of use to terrorists and attending an unnamed place for terrorist training on March 1 2012. He is also charged with possessing two blank firing guns on February 28 2012.
Gavin Coney faces further charges relating to trainers, trousers, gloves, jackets and balaclavas and a sound moderator. He is also charged with possessing firearms and ammunition without a certificate. Aidan Coney faces charges linked to four pairs of trainers.
On the back of the latest developments in the case, the legal team for Sharon Rafferty, Aidan Coney and Gavin Coney are preparing to seek bail tomorrow (Friday). It’s expected that a date for trial will also be set tomorrow.
