EncroChat: Northern Irish court refuses Feargal Markey’s challenge over French statements
On 16 December 2024 the High Court in Northern Ireland refused leave for judicial review of Markey’s committal for trial. His objections concerned written statements from French investigator Jeremy Decou.
Feargal Markey was committed to the Crown Court on 7 March 2024 on 32 charges involving drugs, conspiracy and criminal proceeds. The committal judge admitted five statements from Decou. Markey challenged their form and the treatment of documents explaining why the French investigator could not attend as a witness.
The High Court found that procedural rules had not been fully followed, but held that the defects did not invalidate admission in these circumstances. The defence knew the application and had been able to argue its case fully. French authorities had invoked national security for Decou’s absence. The court refused leave; Markey could still raise the evidential requirements and possible exclusion before the criminal court at a pre-trial hearing or trial.
