Correct offences prosecuted in Winston Irvine case, Northern Ireland prosecutors insists
The correct offences were prosecuted in the case of a leading loyalist who was jailed for firearms offences, Northern Ireland's Public Prosecution Service (PPS) has said.Winston Irvine was sentenced to two-and-a-half years, with half to be served in jail, at Belfast Crown Court last month following an incident where firearms and ammunition were found in the boot of his car.Irvine avoided a statutory five-year sentence on several of the charges he faced after Judge Gordon Kerr KC ruled that there were 'exceptional circumstances' in his case, namely Irvine's 'work for peace and his charity work in the community'.The PPS has previously said it is considering whether there is any legal basis to appeal the sentence.However, the length of Irvine's sentence and the fact that he and his co-accused Robin Workman were not prosecuted for terrorism offences have attracted criticism from some politicians.In a statement, the PPS said it understood the public interest relating to the sentences but said some of the 'recent commentary on and coverage of this case has contained a number of factual inaccuracies'.It said the charges were brought under the Firearms (Northern Ireland) Order 2004.The PPS statement added: 'Consideration was given to whether additional offences should be prosecuted.'After careful consideration of all the evidence submitted by police, it was concluded that there was insufficient evidence to prosecute either defendant for any additional offence, including a terrorist offence, such as membership of a proscribed organisation.'To prosecute for such an offence, there needs to be admissible evidence upon which a court could be sure that a defendant is a member, and not merely an associate of members of a proscribed organisation, or a supporter of any such organisation.'Statements in the media in relation to a defendant's alleged position within a proscribed organisation do not constitute admissible evidence.'The PPS is satisfied that the correct offences were prosecuted in this case.'
Irvine, 49, of Ballysillan Road in north Belfast and Workman, 54, of Shore Road in Larne, County Antrim, had both previously admitted possession of a firearm and ammunition in suspicious circumstances.They also admitted two counts of possessing a handgun without a certificate, one count of possessing ammunition without a certificate, possessing a prohibited weapon and possessing a firearm without a certificate.Workman further pleaded guilty to possessing a .177 calibre air rifle without holding a firearm certificate.The offences were committed on June 8 2022, when Workman transported a quantity of weapons and ammunition to the Glencairn area of Belfast in his van, which were then put into the boot of Irvine's Volkswagen Tiguan car.A short time later, Irvine's vehicle was stopped by police in Disraeli Street.A long-barrelled firearm, two suspected pistols, several magazines and a large quantity of ammunition were discovered inside a bag in the boot.While the judge noted that UVF paraphernalia was found in the homes of both defendants, he did not consider that there was a terrorist link to the weapons that were seized.The PPS statement said that while sentencing is a matter for the independent judiciary, the Director of Public Prosecutions is currently giving consideration to referring the sentences as 'unduly lenient'.The statement added: 'The full sentencing remarks and submissions are being obtained, and the advice of senior counsel sought, to assist in determining whether there is a proper legal basis to refer the sentence to the Court of Appeal.'A decision to refer must be taken within 28 days of the date on which the sentence was imposed.'The date by which a referral must be made in this case is June 17.
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