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| Northern Ireland judges use powers to ban naming of alleged drug dealers | Northern Ireland judges use powers to ban naming of alleged drug dealers |
| (8 months later) | |
| Judges in Northern Ireland have banned the identification of alleged drug dealers because of fears the accused could become targets for an ongoing republican vigilante terror campaign in Derry. | Judges in Northern Ireland have banned the identification of alleged drug dealers because of fears the accused could become targets for an ongoing republican vigilante terror campaign in Derry. |
| One district judge in the city has already imposed an embargo on the media to prevent the naming of three men accused of possessing cannabis, in response to the threat from the vigilante group Republican Action Against Drugs (RAAD). | One district judge in the city has already imposed an embargo on the media to prevent the naming of three men accused of possessing cannabis, in response to the threat from the vigilante group Republican Action Against Drugs (RAAD). |
| RAAD has now merged with the Real IRA, posing an even greater threat to those it labels "antisocial elements". | RAAD has now merged with the Real IRA, posing an even greater threat to those it labels "antisocial elements". |
| In his ruling in Derry magistrates court on 6 August, Judge Barney McElholm said he was making the order under section 2 of the European convention on human rights, which protects the right to life. | In his ruling in Derry magistrates court on 6 August, Judge Barney McElholm said he was making the order under section 2 of the European convention on human rights, which protects the right to life. |
| The Lord Chief Justice's Office in Northern Ireland has confirmed that judges in the province do have the power to prohibit the naming of suspects if revealing their identities potentially breached the provisions of section 2. | The Lord Chief Justice's Office in Northern Ireland has confirmed that judges in the province do have the power to prohibit the naming of suspects if revealing their identities potentially breached the provisions of section 2. |
| A spokesperson for the lord chief justice said of McElholm's ruling: "Anonymity orders are a matter of judicial discretion decided on a case-by-case basis depending on the facts in the matter." | A spokesperson for the lord chief justice said of McElholm's ruling: "Anonymity orders are a matter of judicial discretion decided on a case-by-case basis depending on the facts in the matter." |
| The Northern Ireland Human Rights Commission also agreed that in certain circumstances the article on the right to life should guarantee suspects' anonymity even if that meant a ban on full open-court reporting in those cases. | The Northern Ireland Human Rights Commission also agreed that in certain circumstances the article on the right to life should guarantee suspects' anonymity even if that meant a ban on full open-court reporting in those cases. |
| A spokesman for the commission said: "A free media is vital for a healthy society. However, the right of journalistic freedom of expression is not absolute. Sometimes it needs to be restricted to protect the fundamental rights of others. | A spokesman for the commission said: "A free media is vital for a healthy society. However, the right of journalistic freedom of expression is not absolute. Sometimes it needs to be restricted to protect the fundamental rights of others. |
| "In such cases the restriction must always be necessary and proportionate. In the situation of protecting the right to life, there is no doubt that cases may arise where a prohibition on the disclosure of identity would meet the requirements of the test. It is in this context that the actions of the court should be considered." | "In such cases the restriction must always be necessary and proportionate. In the situation of protecting the right to life, there is no doubt that cases may arise where a prohibition on the disclosure of identity would meet the requirements of the test. It is in this context that the actions of the court should be considered." |
| As well as citing the convention, McElholm also quoted from rulings by the supreme court and the Northern Ireland court of appeal, which set out his power to make such an order. | As well as citing the convention, McElholm also quoted from rulings by the supreme court and the Northern Ireland court of appeal, which set out his power to make such an order. |
| He said: "The risk from certain criminal elements within our society is well known and without doubt they have made threats in the past. | He said: "The risk from certain criminal elements within our society is well known and without doubt they have made threats in the past. |
| "In fact, they have said on occasion they have made use of the court reports to get the identity of certain individuals." | "In fact, they have said on occasion they have made use of the court reports to get the identity of certain individuals." |
| The judge said that in this particular case it was "appropriate and right" to make an anonymity order. | The judge said that in this particular case it was "appropriate and right" to make an anonymity order. |
| During the hearing the public gallery was cleared and the defendants were referred to as AB, CD and EF. AB, 44, and CD, 21, are jointly charged with supplying cannabis, possession of the drug with intent to supply, and simple possession of the drug. EF, aged 30, faces two charges of possessing cannabis, two of possession with intent to supply, one of concealing criminal property, and driving offences. | During the hearing the public gallery was cleared and the defendants were referred to as AB, CD and EF. AB, 44, and CD, 21, are jointly charged with supplying cannabis, possession of the drug with intent to supply, and simple possession of the drug. EF, aged 30, faces two charges of possessing cannabis, two of possession with intent to supply, one of concealing criminal property, and driving offences. |
| The charges relate to the seizure of cannabis with a street value of £150,000 in the Blackthorn Manor area of Derry's Waterside on 3 August. The men's lawyers argued that all three were afraid of certain people in the Derry area. | The charges relate to the seizure of cannabis with a street value of £150,000 in the Blackthorn Manor area of Derry's Waterside on 3 August. The men's lawyers argued that all three were afraid of certain people in the Derry area. |
| In the same Derry courthouse the previous week, the extent of the RAAD terror campaign emerged during the trial of a man accused of being a member of the republican organisation. | In the same Derry courthouse the previous week, the extent of the RAAD terror campaign emerged during the trial of a man accused of being a member of the republican organisation. |
| The court was told that Liam Martin McDonnell had been arrested and charged after blank-firing revolvers and four replica AK-47 rifles were seized during searches of his home. One of the weapons recovered on 12 July was adapted to fire ball-bearings, consistent with RAAD's method of punishment shootings, prosecutors said. | The court was told that Liam Martin McDonnell had been arrested and charged after blank-firing revolvers and four replica AK-47 rifles were seized during searches of his home. One of the weapons recovered on 12 July was adapted to fire ball-bearings, consistent with RAAD's method of punishment shootings, prosecutors said. |
| McDonnell, 26, of Rinmore Drive in Creggan, is charged with possessing a firearm with intent and possession of articles for use in terrorism. | McDonnell, 26, of Rinmore Drive in Creggan, is charged with possessing a firearm with intent and possession of articles for use in terrorism. |
| McDonnell said he collected replica guns as a hobby, stressing that he never used them for illegal purposes. He also denied involvement with any illegal organisations. | McDonnell said he collected replica guns as a hobby, stressing that he never used them for illegal purposes. He also denied involvement with any illegal organisations. |
| During his court appearance, a crown lawyer told the judge that between September 2008 and May 2012, RAAD had been involved in 73 paramilitary incidents in the city, in nearby Strabane and just over the border in Co Donegal. These include 30 shootings and one murder. | During his court appearance, a crown lawyer told the judge that between September 2008 and May 2012, RAAD had been involved in 73 paramilitary incidents in the city, in nearby Strabane and just over the border in Co Donegal. These include 30 shootings and one murder. |
| Other attacks would include beatings and expulsions often backed up with the threat of shooting and even death. | Other attacks would include beatings and expulsions often backed up with the threat of shooting and even death. |
| Last month the Guardian received a statement announcing that RAAD was being merged along with the Real IRA and several independent armed republican units into what was styled as a "new IRA" under a centralised command. | Last month the Guardian received a statement announcing that RAAD was being merged along with the Real IRA and several independent armed republican units into what was styled as a "new IRA" under a centralised command. |
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