The Court of Appeal was told the Director of Public Prosecutions is to ask Chief Constable Sir Hugh Orde to obtain and provide information based on a report which led to Morrison`s conviction for kidnapping being quashed. Lord Chief Justice Sir Brian Kerr confirmed the development, as he said it was not possible to disclose all of the reasons for quashing guilty verdicts against the ex-senior republican and seven others.
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Following an application by Crown lawyers for a so-called closed judgment, Sir Brian said he and his fellow judges were under constraints due to the information received during two private hearings.
But he told the court there was directly relevant material on whether the appellants trial should take place which had not been made available to the Director when he decided they should be prosecuted for the offences for which they were convicted.
Because of that, the extent of disclosure to those who were charged was not sufficient.
Sir Brian said: “We are satisfied that if that material and information had been provided to the Director, he would have been bound to disclose it, if the trial was to proceed.”
Even if the application had failed, the court was told evidence not produced during the trial could have been produced which would have had a significant effect on its outcome.
“We are of the view that, had the trial continued, the giving of that evidence would almost certainly have led to the acquittal of the appellants on all charges.”