Mulholland, Paschal

Paschal Mulholland was convicted in March 1977 of membership of a proscribed organisation. Mr Mulholland received a two year borstal training order.

The CCRC received an application for review of the conviction in October 2000.

Mr Mulholland had been arrested by police during sectarian riots in Portadown in 1976. He was then aged 16.

Mr Mulholland was subsequently interviewed for over seven hours on the day of his arrest and for nine hours on the following day, including one interview lasting for five hours between 7pm and midnight.

During the last hour of this interview, the custody log recorded that Mr Mulholland had made a statement of admission to membership of the IRA.

Mr Mulholland had spent both nights on a sofa in the medical room at the police station and had been in custody for 40 hours before he made the statement of admission.

He was allowed access to his parents and a solicitor only after he had made his confession statement.

At trial, Mr Mulholland denied the truth of the confession and alleged ill-treatment by police officers but his evidence was rejected by the trial judge who found the confession admissible.

Following review, the CCRC concluded that the Royal Ulster Constabulary (RUC) had failed to adhere to the Judge’s Rules in detaining and interviewing a young person.

The CCRC considered that the oppressive nature of the interrogation should have supported an argument for exclusion of the confession statement.

In addition, two of the lead interrogating officers (against whom Mr Mulholland had made a complaint of mistreatment) were later subject to findings of misconduct.

This was a matter which would have been relevant to the judge’s assessment of their credibility.

The CCRC referred the conviction in August 2003.

The Northern Ireland Court of Appeal quashed the conviction in July 2006.