Bryson in legal bid to have case thrown out

A LOYALIST activist accused of plotting to subvert a Stormont inquiry into a billion pound property deal will attempt to have the case thrown out on human rights grounds, a court has heard.

Jamie Bryson is also expected to cross-examine 10 witnesses at his legal bid to halt criminal proceedings. A preliminary inquiry to examine the strength of the prosecution case has been listed for March next year.

Mr Bryson (30) denies conspiracy to commit misconduct in a public office between September 1-24, 2015.

Former Sinn Fein MLA Daithi Mckay (38), and party member Thomas O’hara (36) are accused of the same offence.

The case relates to a Stormont probe into the £1.2bn sale of the National Asset Management Agency (Nama)’s Northern Ireland property portfolio to US investment giant Cerberus.

In September 2015 Mr Bryson made an unsubstantiated allegation at Stormont’s Finance Committee that Peter Robinson, the then DUP First Minister, was set to profit.

Mr Robinson has denied any wrongdoing and branded Mr Bryson’s evidence a “pantomime”.

At the time Mr Mckay was committee chair but later stood down as an MLA and quit the party.

His resignation followed allegations that he and Mr O’hara were involved in coaching Mr Bryson ahead of his committee appearance.

Police launched an investigation and a decision was then taken to prosecute Mr Bryson, of Rosepark in Donaghadee, Co Down; Mr Mckay, of Loughan Road in Dunnamanagh, Co Tyrone; and Mr O’hara, from Lisnahunshin Road, Cullybackey, Co Antrim.

It centres on an alleged conspiracy to subvert the Finance Committee’s proceedings by giving evidence that should not have been permitted in open session.

With Mr Bryson claiming the prosecution case is too weak to advance to trial, a further legal point emerged yesterday.

He told Belfast Magistrates Court that he will be raising an “enhanced ground of challenge”, arguing that the alleged offence does not comply with Article 7 of the European Convention on Human Rights.

Under the terms of Article 7, no one can be held guilty of a criminal offence for any act which did not constitute a criminal offence under national or international law at the time it was committed.

District Judge Fiona Bagnall agreed to fix the PI for a four-day hearing.