LAWYERS FOR FORMER Defence Forces member Lisa Smith are set to make a last ditch pre-trial application for the case to be dismissed.
The trial of Smith, who is charged with a number of offences relating to her alleged membership of ISIS, was due to begin tomorrow but it is now likely to be put back for a day to hear from her defence team.
It is now likely to begin on Wednesday. The move by Smith comes under legislation in the Criminal Justice Act that allows a defendant to ask the court to dismiss their case.
Smith, from Dundalk, Co Louth, is charged with an offence contrary to the Criminal Justice (Terrorist Offences) Act 2005 for being a member of unlawful terrorist group Islamic State (ISIS) between 28 October, 2015 and 1 December, 2019.
She is also charged under the same legislation for financing terrorism by sending €800 in assistance, via a Western Union money transfer, to a named man on 6 May, 2015.
Previously Michael O’Higgins, SC, for the defence had complained that there was an “absolutely gigantic” amount of material disclosed by the prosecution.
In criminal trials a defendant can make an application for discovery of documents in the possession of the prosecution which can be used in evidence.
This discovery can also include interview tapes among other items such as statements and documents from various sources obtained by investigating gardaí.
It is expected that a large number of international witnesses will attend the trial including specialist intelligence operatives from a number of countries including Australia and the US.
The case will be heard in the three judge panel, non-jury, Special Criminal Court.
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