Lisa Smith bid to have charges dismissed continues before Special Criminal Court

Dundalk woman denies charge of membership of an unlawful terrorist group Islamic State

File photograph of Lisa Smith. Photograph: Collins Courts
File photograph of Lisa Smith. Photograph: Collins Courts

A pre-trial application aimed at dismissing charges against former Defence Forces member Lisa Smith of being a member of Islamic State and financing terrorism resumes on Wednesday.

The application, before the Special Criminal Court, has been brought on foot of defence claims that charges against Ms Smith should be dismissed because the evidence against her could not safely ground a conviction.

The prosecution maintains there is sufficient evidence to allow the trial proceed.

Ms Smith, who is on bail, has been in court for the hearing of her application, which began on Monday. It continued throughout Tuesday and is expected to conclude on Wednesday.

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If the three-judge court, presided over by Mr Justice Tony Hunt, refuses the application, the trial - scheduled for 12 weeks - will proceed.

The pre-trial application has been brought under section 4.e of the Criminal Procedure Act which imposes restrictions on the reporting of such applications.

From Dundalk, Co Louth, Ms Smith (39) denies a charge of membership of an unlawful terrorist group, Islamic State, between October 28th, 2015 and December 1st, 2019.

She also denies a charge of financing terrorism by sending €800 in assistance, via a Western Union money transfer, to a named man on May 6th, 2015.

After hearing submissions on Tuesday from Seán Gillane, for the DPP, the court began hearing a reply from Michael O’Higgins SC, for Ms Smith. Mr O’Higgins will continue his submissions on Wednesday.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times