Sean McMonagle walked free from the Royal Court after his lawyer said that he had been charged under a law that had not come into force until after the alleged offence.
McMonagle had pleaded guilty to failing to complete and produce an information card on arrival at the Airport on 3 February but was freed after the prosecution dropped the charges.He had been acquitted of grave and criminal assault charges earlier in the week, and flew home to Ireland at the weekend for Christmas.Advocate Robert MacCrae said that although his client had been arrested and initially charged under the 1996 Terrorism (Jersey) Law, his indictment for the Royal Court listed the charge under the 2002 law, which did not come into force until September – seven months after the alleged offence.Advocate MacCrae added that his client had pleaded guilty only because it would mean that his sentence would have been served on remand.Appearing for the prosecution, Crown Advocate Michael O’Connell said that the defendant had a bad record.
However, he said that Attorney General William Bailhache had instructed him to withdraw the charge.
