Legal challenge | 

ISIS suspect Lisa Smith's bid to have her case dismissed to be heard next Monday

Lisa Smith (39) is charged with being a member of unlawful terrorist group Islamic State (ISIS) between October 28, 2015 and December 1, 2019.
Lisa Smith (Brian Lawless/PA)

Lisa Smith (Brian Lawless/PA)

Eoin Reynolds

Lawyers for Lisa Smith, whose trial for alleged membership of the Islamic State terrorist group was due to begin today, will ask the Special Criminal Court to dismiss the charges against her.

Michael O'Higgins SC, for Ms Smith, today asked for permission to make an application under Section 9 of the Criminal Justice Act 1999 which states that a court can dismiss the charges against an accused person where there is insufficient evidence.

Mr Justice Tony Hunt, presiding in the three-judge, non-jury court, agreed to allow the application but will require some days to consider documents submitted by Ms Smith's lawyers.

The court will hear the application next Monday.

Any evidence heard during the application cannot be published or broadcast.

Ms Smith (39), from Dundalk, Co Louth is charged with an offence contrary to the Criminal Justice (Terrorist Offences) Act 2005 for being a member of unlawful terrorist group Islamic State (ISIS) between October 28, 2015 and December 1, 2019.

Alleged ISIS member Lisa Smith

Alleged ISIS member Lisa Smith

She is also charged under the same legislation for financing terrorism by sending €800 in assistance, via a Western Union money transfer, to a named man on May 6, 2015.

Ms Smith appeared in court today dressed in a full-length black coat, woolly scarf, hat and gloves and a full face covering.

If the trial goes ahead, it is expected to last 12 weeks.

Mr Justice Tony Hunt is sitting with Judge Gerard Griffin and Judge Cormac Dunne.

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