Smith’s Shock Appeal Move Before Conviction Challenge
A three-judge panel has taken the unusual step of agreeing to hear an appeal on the length of Smith’s sentence before even considering her appeal against the conviction. The hearing is scheduled for 4 October when courts return from their summer break.
Smith Seeks Bail From Behind Bars
Smith sat in custody as her legal team requested immediate bail. But Mr Justice George Birmingham, leading the panel, warned that the bail application requires “considerable preparation.” He revealed they haven’t yet received the Special Criminal Court’s verdict or sentencing documents.
“There is currently no possibility of dealing substantively with all of the issues,” he said.
Sentence Appeal Goes Ahead First
Though Smith plans to appeal her conviction, the court agreed it would hear her sentence appeal first. One key argument is that Smith didn’t get proper credit for time spent in Syrian refugee camps before returning to Ireland in 2019.
- Lawyers say time spent in Al-Hawl and Ain Issa camps plus a nightly curfew back in Ireland amounts to four years already served.
First Irish Conviction for Joining ISIS Abroad
Smith made history as the first person convicted in Ireland for an Islamic terrorist offence committed overseas. The Special Criminal Court found she joined ISIS in Syria in 2015.
The 40-year-old Dundalk woman pleaded not guilty to being a member of the illegal terrorist group between October 2015 and December 2019.
Judge Hands Down 15-Month Prison Sentence
Mr Justice Tony Hunt sentenced Smith to 15 months behind bars, citing her determination to join ISIS and lack of remorse. “While she poses a low risk of re-offending, a prison sentence is necessary to highlight the seriousness of the offence and deter others,” he said.
