![]() ![]() All that can possibly be said by way of defence was that it was an extreme measure taken by a government which believed that democracy and the State itself were in imminent danger.”Ĭhilders lodged an appeal on the basis the prohibition on carrying arms could only have been imposed by an Act of Parliament and not by simple resolution but by the time that Childers’ appeal came to be heard, the Four Courts had been destroyed and courts were scattered around Dublin. “They had not been charged with any offences and there was no trial - military or otherwise. ![]() There was never any suggestion that these executions had any legal basis,” said Mr Justice Hogan. “All four prisoners had been part of the Four Courts executive and had been held in Mountjoy Prison since surrendering on June 30th 1922. ![]() Mr Justice Gerard Hogan said the decision to execute the four leading anti-Treaty IRA men on December 8th 1922, in response to the shooting dead of pro-Treaty TD Sean Hales a day earlier, was unprecedented as all four were shot without the benefit of a trial before a military tribunal. The execution of republican leaders Rory O’Connor, Liam Mellows, Joe McKelvey and Dick Barrett 100 years ago had no basis in law and the only possible defence for the execution was that the Free State Government feared the state was in imminent danger, a Supreme Court judge has said. ![]()
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