Northern Ireland

Dissident republican claims British state is using court hearings to keep evidence secret

North Belfast republican Terry McCafferty is taking legal action over his return to prison in 2008. Picture by Mal McCann
North Belfast republican Terry McCafferty is taking legal action over his return to prison in 2008. Picture by Mal McCann North Belfast republican Terry McCafferty is taking legal action over his return to prison in 2008. Picture by Mal McCann

BRITISH authorities being sued by a prominent dissident republican are trying to hide behind private court hearings in a bid to prevent evidence being revealed, it has been claimed.

A lawyer for Belfast man Terence McCafferty also questioned the fairness of a closed process from which his legal representatives will be excluded.

McCafferty (47) is taking legal action against the Secretary of State for being returned to prison based on intelligence alleging he was a Real IRA leader.

In 2005 he received a 12-year sentence for possessing explosives after an attempt to blow up a Belfast motor tax office three years earlier.

He was released on licence in November 2008 but a few weeks later was arrested on the basis that his continued liberty was a risk to others and sent back to jail.

Although now back out of prison once again, McCafferty, with a previous address at Carlisle Road in Belfast, is suing for alleged unlawful detention.

The Government is seeking a closed material procedure (CMP) for part of that action, along with other cases, due to issues of national security.

Attempts to secure the so-called secret court are being advanced under powers contained in the Justice and Security Act 2013.

It would involve intelligence documents being assessed by a judge and a special advocate barrister appointed to protect the rights of a plaintiff shut out from the hearing.

The application for a CMP in McCafferty's case will be one of the first of its kind in Northern Ireland.

At the High Court yesterday a judge was updated on efforts to secure special advocates.

Mr Justice Stephens is expected to review progress again next month.

Outside court McCafferty's solicitor, Paul Pierce of KRW Law, expressed concern about whether a CMP will achieve a fair trial.

He said: "The state is clearly reluctant to disclose the evidence in these cases, which is why they are seeking to hide behind these type of proceedings.

"The fact that our clients or even their lawyers are not given access to this evidence must raise serious questions about the fairness of any hearing from which we will be excluded."