Jailed man challenges conviction for Dublin pub arson

A man jailed for 15 years for the arson of a Dublin pub has taken a Supreme Court challenge to his conviction.

A man jailed for 15 years for the arson of a Dublin pub has taken a Supreme Court challenge to his conviction.

Stiofan Breathnach - also known as Stephen "Rossi" Walsh - was jailed by the Special Criminal Court in November 1993 for the arson of Collins's pub in Ballybough in September 1992.

The Court of Criminal Appeal later dismissed an appeal against conviction but Walsh instituted a number of appeals in the Supreme Court last year. In a ruling last December the Chief Justice, Mr Justice Hamilton, said Walsh was in effect appealing against his conviction in the Special Criminal Court.

Walsh is claiming that before he could be tried in the Special Criminal Court for "non-scheduled" offences, the court had to have a certificate from the Director of Public Prosecutions in accordance with Section 47 of the Offences Against the State Act stating that the ordinary courts were inadequate to secure the effective administration of justice.

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It is submitted that there was no adequate evidence that a certificate had been produced and that, if it had been produced, Walsh was entitled to see it. It is further argued that if, having seen the certificate, Walsh had wanted to challenge its validity, he should have had the opportunity.

Counsel for Walsh said that if the certificate was not produced - and his side submitted it was not - there was a jurisdictional error in the court proceedings.

The hearing was adjourned to allow Walsh to be provided with a transcript of the trial in the Special Criminal Court.