Prosecution Service rules controversial Nama trial to be heard in non-jury court
A controversial trial linked to the Nama property scandal involving a former Sinn Féin MLA, a party member and loyalist Jamie Bryson is to be heard in a Diplockstyle non-jury court.
It is believed the Crown Court trial will be the first case of its kind to be heard without a jury.
Daithi Mckay, once considered a rising star in Sinn Fein, is to stand trial later this year on a charge of conspiracy to commit misconduct in a public office, along with party member Thomas O’hara, and Mr Bryson.
The case centres on a 2015 Stormont committee hearing when Mr Bryson gave evidence claiming that there was corruption around the sale of Nama’s £1.1bn Northern Ireland property portfolio.
Under Assembly privilege, he named a number of people he said were to benefit from £7m moved to an offshore bank account as part of the deal.
Mr Mckay was chair of the committee at the time and it is alleged, through Mr O’hara, he had prior contact with Mr Bryson to advise him on how to ensure the evidence would be given in public rather than a private session.
All three men deny the charges.
The Belfast Telegraph has learned that in a highly unusual step, the case will now be heard without a jury after a decision by the Public Prosecution Service (PPS).
Judge-only trials are usually reserved for use in terrorist cases where it is believed members of the public could be intimidated or placed at risk.
The provision was first brought in as part of the Emergency Provisions Act in 1973, to deal with the growing number of terrorist trials.
The act was abolished in 2007 and replaced with the Justice and Security Act. Non-jury trials are now decided on case-by-case basis, rather than automatically for all scheduled offences.
All three defendants and their legal teams have been informed by the PPS that the trial will now be conducted under the provisions of the Justice and Security Act.
The PPS has deemed ”there is a risk that the administration of justice might be impaired if the trial were to be conducted with a jury”.
It has not been specified by the PPS why they have concluded a jury might be at risk or from whom they think this risk might arise.
When contacted by the Belfast Telegraph, Jamie Bryson confirmed that he had been informed the case would now run without a jury, adding: “The public have a right to judge what is in the public interest.
“A jury of peers should sit in judgment on these matters.”