A MAN CHARGED with an alleged terrorist plot to destroy a Galway mosque has claimed he cannot get a fair trial due to the wording of the Explosives Act which, he argues, places the burden on him to prove he is not morally culpable.
The High Court has reserved its judgment in the case, which was brought by 39-year-old Karolis Peckauskas, of Newfoundwell Road, Drogheda, Co Louth.
Mr Peckauskas is charged with possession of an explosive substance – four threaded pipe end caps and six litres of hydrogen peroxide – under such circumstances as to give rise to a reasonable suspicion that he did not have it in his possession for a lawful object at O’Moore Place, Portlaoise, Co Laois on 4 November last year.
Mr Peckauskas has not entered a plea in relation to the charge and a stay has been imposed on his prosecution until the resolution of his High Court challenge.
Papers lodged by Mr Peckauskas’ legal team claim that the wording of Section 4 of the Explosives Act places an “impermissible burden” on the applicant.
The Act states that if a person makes or knowingly possesses an explosive substance, he is guilty of an offence “unless he can show that he made it or had it in his possession or under his control for a lawful object”.
The Act’s wording, lawyers for Mr Peckauskas submit, places an “impermissible burden” on the applicant because it puts an obligation on him to prove he is not morally culpable.
They argue this is contrary to Article 38.1 of the Constitution and the right to a fair trial under the European Convention on Human rights.
Leave for the judicial review was granted to Niall Storan BL, led by Kathleen Leader SC, instructed by Barry Fitzgerald Solicitors, for Mr Peckauskas, on 26 January, in an ex parte motion – where only one side is represented in the court.
Mr Justice David Keane today reserved judgment in the matter.