Quinn, R v

The defendant in this case faces one count of: Managing a Meeting in support of a prescribed organisation, contrary to Section 12 (2) of the Terrorism Act 2000. The case made by the prosecution is that on the 23rd of March 2008 at Edendork Cemetery in County Tyrone, a meeting took place which included members of the Continuity IRA, an organisation prescribed under the Terrorism Act 2000 and that in the course of this shots were fired.

It is alleged that the defendant assisted in the management of this meeting by standing with the firing party and holding the microphone for the uniformed individual who made a speech on behalf of this organisation whilst another armed individual stood beside him and then fired two rounds into the air as a purported salute, as part of this meeting.

It has been indicated to me that the principal evidence to be relied upon by the prosecution comprises a DVD compiled by Sergeant Bleakley on Tuesday the 16th of December 2008. Onto this he downloaded material from an American based website commonly known as "You Tube". This site carries many photos and video clips posted there by the public and other organisations. This site carries many millions of such clips, it is accessible by all and does not require any registration or password to gain access to the material there presented.

The prosecution assert that this material clearly shows the conduct of the defendant which they say makes out the charge against him. They contend that this should be admitted in evidence before this court. The defence contend that I should rule the material inadmissible on the grounds that it is material that has not been authenticated by the Crown.

The defence accept that the material is relevant in terms of what it purports to show.