The State has argued before the Court of Appeal that the conviction of former soldier Lisa Smith for being a member of Islamic State is “sound” and should remain in place, reports Breaking News.
Representing the Director of Public Prosecutions (DPP), Tony McGillicuddy SC said Smith’s appeal was lacking substantial grounds and portrayed a narrative that was “self-serving and self-pitying.”
He noted that much of the case’s evidence originated from Smith herself, including her text messages to family members and her activity on social media, reports Breaking News.
“In my submission the verdict was safe and sound in this case,” he said. “I say the court ought to be satisfied that in relation to the grounds raised on all points, that those grounds ought to be dismissed,” reports Breaking News.
Defence senior counsel Michael O’Higgins countered that there was no proof Smith had attempted to recruit others to Isis or raise funds for them.
“There’s not a screed of information that suggests she made any contribution in that regard,” he said, reports Breaking News.
He argued that merely going to a region controlled by Islamic State didn’t prove her membership.
“There is nothing in this case that says Lisa Smith actively contributed to what’s described as ‘a state building project’. There isn’t a single activity in which the finger is pointed at her that says you contributed to state building,” he said. “No active participation is flagged up,” reports Breaking News.
In 2022, the Special Criminal Court (SCC), a three-judge panel sitting without a jury, convicted Smith (43) of joining Isis during her trip to Syria in 2015, making her the first person in Ireland to be convicted of such an offence committed overseas.
Smith, originally from Dundalk, Co Louth, had denied charges of membership in the Islamic State between October 28th, 2015 and December 1st, 2019.
After previously being denied an appeal of her 15-month sentence, she has now filed an appeal against the conviction itself, reports Breaking News.
On the third day of her appeal hearing, Mr McGillicuddy referenced the testimony of Carol Karimah Duffy, who told the court Smith leaned towards the “more political” and “harsh” aspects of Islam.
She said Smith had talked about jihad and her desire for a husband who was a “shahid” – a martyr for Islam, reports Breaking News.
She also recalled Smith mentioning “spreading Islam by the Sword” and noted that she “never read a book” but instead followed information she found online.
Mr McGillicuddy also referred to the account of Tania Joya Choudhury, who had accompanied Smith in Syria in 2013 and crossed the border from Egypt with her. Choudhury testified that Smith had expressed her desire to “help the rebels”, reports Breaking News.
She said Smith was “determined” to enter Syria and had no interest in remaining in Turkey.
According to Choudhury, Smith was “happy” and “optimistic” upon arriving in Syria. She testified: “Lisa said she would fight because she had training”.
McGillicuddy argued that the defence had minimized Choudhury’s statements, which he felt were significant and should not have been dismissed as “neutral”, reports Breaking News.
“Her evidence is important evidence; she was able to attest to what the appellant wanted to do when she entered Syria,” he said.
He also pointed to Smith’s interviews with gardaí, where she discussed divorcing her husband because he refused to join her in Syria and encouraged her to go to Turkey instead, reports Breaking News.
He argued this must be viewed in light of expert testimony from Dr Florence Gaub, who described how difficult divorce typically is for women in the region.
He claimed that Smith’s relatively easy divorce was one of the “benefits” of aligning with “an adherent of this cult”.
McGillicuddy also pointed to Smith’s decision to conceal her real travel plans in 2015, telling family and friends she was heading to Tunisia rather than Syria, reports Breaking News.
“One would wonder why she didn’t say ‘well I’ve a religious belief I’m going’,” said Mr McGillicuddy. “She took a different course by saying no I’m telling everyone I’m going to Tunisia where her husband was living and it’s only later it became apparent she was in Syria,” reports Breaking News.
He added: “That is relevant in terms of the presentation by the appellant of the case that was made on her behalf,” reports Breaking News.
He then turned to the trial evidence from Dr Florence Gaub, an expert on Middle Eastern conflict, who discussed the symbolism of the one-finger salute, which McGillicuddy said had been “completely co-opted” by Isis.
He mentioned a photo of Smith from January 2013, showing her on a horse giving the salute.
Dr Gaub had explained that this gesture had been “misappropriated by members of Islamic State for people who associate with them”, reports Breaking News.
“That was at the crux of what she was saying, the Isis organisation was appropriating religious themes, symbols, language,” he said, reports Breaking News.
“Those who were using the salutes knew it was as part of a violent insurgency and not as part of a religious pilgrimage as such. In my submission, that’s important in the context of this case,” said counsel, reports Breaking News.
Urging the court to uphold the verdict, McGillicuddy said the trial judges had reached their conclusion after a thorough evaluation of the evidence, and not with “a whip hand manner”.
Responding, Mr O’Higgins said that regarding the one-finger salute, Dr Gaub had “absolutely accepted” it didn’t gain significance until mid-2014, reports Breaking News.
He noted that the image in question was from January 2013 in Tunisia, far removed from the context of events in Syria.
He criticised the SCC’s reference to Smith’s conduct.
“What conduct was it?” he said. “What conduct did she do that says you’re a member of this terrorist organisation,” reports Breaking News.
He claimed there was “not one single” instance of conduct cited.
He said the trial court had taken the position that “to be there is enough. That is their finding”, reports Breaking News.
Mr Justice John Edwards stated that the court would reserve its judgment.
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