The Free Library. (2014). Retrieved Jun 10 2014 from http://www.thefreelibrary.com/CIRA+YOUTUBE+VIDEO+CAN+BE+USED+IN+TRIAL%3b+Clip+’shows+accused…-a0258402821
YOUTUBE video clips which allegedly show a man at a dissident
republican gathering can be admitted as evidence at his criminal trial,
the Court of Appeal ruled yesterday.
Aidan Quinn Aidan Quinn (Irish: Aodhán Ó Cuinn) (born March 81959 in Rockford, Illinois,) is an Irish American actor also known as the Quinnster.
Aidan Quinn was born in Rockford, Illinois. ?has pleaded not guilty to a charge of assisting in
managing a meeting of members of a proscribed PROSCRIBED, civil law. Among the Romans, a man was said to be proscribed when a reward was offered for his head. The term was more usually applied to those who were sentenced to some punishment which carried with it the consequences of civil death. Code, 9. 49. ?organisation.
The charge against the 24-year-old, of Aghafad Road, Pomeroy, Co
Tyrone, relates to a Continuity IRA Easter commemoration at Edendork,
Dungannon, in March 2008.
At the start of his original trial two video clips on which the
Crown case depended were ruled inadmissible That which, according to established legal principles, can't be received into evidence at a trial for consideration by the jury or judge in reaching a determination of the action. . e
But senior judges yesterday allowed an appeal by the Public
Prosecution Service on the basis that a prima facie case prima facie case?n. a plaintiff’s lawsuit or a criminal charge which appears at first blush to be “open and shut.”. (See: prima facie) ?had been
established for admission of potentially relevant material.
Lord Chief Justice Sir Declan Morgan ordered that a fresh Crown
Court trial should now proceed.
Police launched an investigation into the event after two masked
men were filmed making a declaration and firing two shots from a
Footage of the gathering was distributed on the YouTube website.
One of the men read a statement on behalf of the East Tyrone Continuity
IRA, calling for all republicans to fall in behind the organisation.
The prosecution alleged Quinn is identified standing beside the
masked men, holding a document and a microphone to the speaker. He was
arrested in June 2009 and claimed he was at the commemoration as a
member of Republican Sinn Fein.
During two interviews his solicitor intervened when Quinn was asked
about what could be seen on the video clips.
The lawyer said identification from the images wasn't an issue as
his client had already said he was at the event. Quinn remained silent
during these comments.
Ruling on the appeal, Sir Declan said it'd be for the trial
judge to determine if any inference can be drawn from his silence. He
added there was no evidence of continuity from the time the film was
made until it was loaded on YouTube.
It was accepted that once downloaded, digital material can be
altered, edited and changed and then uploaded in its new altered form.
The trial judge had held the video clips weren't prima facie
evidence prima facie evidence
Evidence that'd, if uncontested, establish a fact or raise a presumption of a fact. ?as the provenance of the film couldn't be established in a way
that allowed the defense to investigate and examine its reliability.
But Sir Declan, sitting with Lord Justices Higgins and Coghlin,
said no consideration appeared to have been given to the inferences
which could be drawn from the solicitor’s statements.
He stated: “If there is an admission that the video clips
portray the actions of the defendant the clips are admissible as real
evidence for the purpose of establishing that to which [Quinn] has
“The admissibility of the evidence doesn't strictly depend,
therefore, on the authenticity of the video.”
ORDER Lord Chief Justice Sir Declan Morgan EVIDENCE Footage
allegedly showing accused Aidan Quinn at dissident republican gathering