Lisa Smith was legally arrested in 2019, according to court rules

Judges in the trial of former Defense Force soldier Lisa Smith on Tuesday rejected the argument that the basis of her December 2019 arrest was unlawful.

Lawyers for ex-Defense Force soldier Lisa Smith on Monday challenged the legality of her arrest upon her return to Ireland.

Co Louth’s wife, 39, has pleaded not guilty to charges of being a member of the so-called Islamic State and providing funds to benefit the group.

At Dublin’s special three-judge criminal court on Monday, Ms Smith’s legal representatives specifically challenged the legality of her arrest under the Offenses Against the State Act 1939, following her return to Ireland in 2019.

Judge Tony Hunt on Tuesday rejected the proposed interpretation of Irish terrorism law put forward by defense barrister Michael O’Higgins and said the arrest by Detective Sergeant Gareth Kane was lawful, with proper credentials exercised.

The judge said that the contingency raised by such a case was contemplated and expressly provided for by Irish law.



Lisa Smith, from Dundalk, Co Louth, leaving the Special Criminal Court

Smith is charged under Section Six of the Criminal Justice (Terrorist Offenses) Act 2005, which makes it an offense to join an illegal foreign organisation.

It is alleged that between October 28, 2015 and December 1, 2019 at a location outside the state, she was a member of a terrorist group calling itself the Islamic State.

She was also accused of financing terrorism by sending 800 euros (£670) in aid via a Western Union money transfer to a named person in 2015.

The trial continues on Wednesday.



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