Convictions referred back to Northern Ireland courts due to ‘inhuman and degrading’ treatment
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A man’s three convictions have been referred by the Criminal Cases Review Commission (CCRC) to the Northern Ireland Court of Appeal after evidence suggested there was the use of torture or inhuman and degrading treatment to procure a confession.
Patrick O’Neill was convicted in 1972 for possessing ammunition with intent, possessing ammunition without a certificate and possessing explosives with intent to endanger life. He was sentenced to a total of 15 years’ imprisonment.
In November 1971, Mr O’Neill was approached by two Scots Guards while in a car outside an address in Belfast. He claimed he was waiting for someone at the property, who denied knowing Mr O’Neill.
His car was searched and 700 rounds of ammunition were said to have been found in a concealed compartment on the driver’s side.
The following day, Mr O’Neill’s family farm was searched and a quantity of arms was found.
After being transferred to Palace Barracks in Holywood, Mr O’Neill was interrogated on six occasions with no solicitor present. He was subsequently medically examined, and several injuries were noted.
A detective said they had spoken to Mr O’Neill, and he had admitted being fully responsible for the ammunition but had declined to make a written statement.
Mr O’Neill’s representatives applied to the CCRC — the miscarriages of justice body for Northern Ireland and England and Wales — in June 2019.
The CCRC has referred the case on the basis of executive misconduct, inadmissibility of confession evidence and insufficient evidence absent of a confession.
The CCRC now considers there is a real possibility the convictions will not be upheld and has referred them to the Court of Appeal.
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