High Court rejects Arthurs’ challenge to non-jury trial ruling

I noted in May the start of “prominent Co Tyrone republican” Brian Arthurs’ legal challenge to the ruling that he should stand trial in a non-jury court, on charges of converting criminal property and obtaining a money transfer by deception.  The original case against Arthurs collapsed in August 2008 when the judge ruled that the Public Prosecution Service had failed to provide any evidence to the court.  The BBC reports today that the High Court has rejected Brian Arthurs’ legal challenge

The panel of three High Court judges ruled there was no evidence that the DPP had failed to approach his task correctly.

Lord Justice Girvan said the DPP had “ample material… which entitled him to reach the conclusion which he did”.

The judge said there was no basis “for considering that he left out of account relevant considerations or took into account irrelevant ones”.

He added: “The director had to act fairly in the sense of reaching a dispassionate decision based on some material which led him rationally to form a suspicion that one or more of the conditions was satisfied and that there was a risk that the administration of justice might be impaired if the trial were conducted with a jury.

According to the report, Mr and Mrs Arthurs’ solicitor, Kevin Winters, said they planned to appeal the ruling.

“The case will now go to the Supreme Court and it will be next year sometime before it is heard,” he said.

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