McMenamin, Charles

Charles McMenamin was convicted in December 1979 at Belfast City Commission of belonging to a proscribed organisation, possession of firearms with intent, conspiracy to murder, collecting unlawful information, and communicating unlawful information.

Mr McMenamin was sentenced to borstal training on all the counts on which he was convicted.

He had been arrested in March 1978 at the age of 16. The prosecution contented that he was involved in terrorist activity. Mr McMenamin did not appeal.

Mr McMenamin applied to the CCRC for review of his convictions in September 2003.

Following investigation, the CCRC concluded that during his detention in police custody, Mr McMenamin was treated in a way that would not be acceptable according to current standards of fairness.

Mr McMenamin was held for just under 58 hours, interviewed for a total of 11 hours and 20 minutes, allowed no access to an independent adult or a solicitor until he made confession statements, and had been exhibiting signs of distress.

The degree of pressure that Mr McMenamin was under was evidenced by the fact that he pleaded guilty to an offence which he knew he could not have committed.

In addition, the CCRC obtained new evidence relating to complaints against the police officers who had interviewed Mr McMenamin.

The CCRC considered this new evidence might lead the court to find that there was a “taint” over the prosecution evidence upon which Mr McMenamin pleaded guilty.

There was also evidence of non-disclosure of material to the defence.

The CCRC referred the conviction in August 2006.

The Northern Ireland Court of Appeal quashed the conviction in May 2007.