Lisa Smith lawyers challenge legality of arrest

Lawyers for former Defence Forces soldier Lisa Smith on Monday challenged the basis for her arrest on her return to Ireland.

The Co Louth woman, 39, has pleaded not guilty to charges of membership of so-called Islamic State and providing funds to benefit the group.

On Monday legal representatives for Ms Smith challenged the legality of her arrest under the Offences Against the State Act 1939, after she returned to Ireland in 2019.

Defence counsel Michael O’Higgins asked judges in the Special Criminal Court in Dublin to consider whether the anti-terrorism legislation under which Ms Smith was arrested could be applied to alleged offences carried out “extra-territorially”, beyond Ireland.

Prosecuting counsel Sean Gillane rejected any such proposed interpretation, saying that different pieces of anti-terrorism legislation needed to be “read together”.

He also said that what the court should instead consider is what the garda who made the arrest believed at the time of the arrest of Ms Smith, noting that suspicions may change over the course of an investigation.

The court had earlier heard from the Irish police officer who met Lisa Smith on her return to Ireland in December 2019.

Taking questions from prosecuting counsel Sean Gillane, Detective Sergeant Gareth Kane confirmed the details of Ms Smith’s arrival in Dublin Airport in December 2019, as well as her subsequent arrest and charging.

Smith is charged under Section Six of the Criminal Justice (Terrorist Offences) Act 2005, which makes it an offence to join a foreign unlawful organisation.

It is alleged that, between October 28 2015 and December 1 2019 at a location outside the State, she was a member of a terrorist group styling itself the Islamic State.

She has also been accused of financing terrorism by sending 800 euro (£670) in assistance via a Western Union money transfer to a named individual in 2015.

The trial resumes at 2pm on Tuesday.