There can be no doubt that the leading loyalist Winston ‘Winkie’ Irvine deserved to receive a significant custodial sentence after he pleaded guilty to a range of firearm and ammunition offences.
A long-barrelled gun, two suspected pistols, several magazines and a large quantity of bullets were discovered inside a bag in the boot of his car when he was stopped by police in the Shankill district of Belfast in June 2022.
Belfast Crown Court was told that the cache was initially transported by Robin Workman (54) before being transferred to the vehicle of Irvine (49), a short time before the PSNI intervened.
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Both men admitted the charges against them but, while Workman was given the minimum custodial sentence of five years, half of which is to be served in custody and half on licence, Irvine was handed the much lighter term of 30 months, again to be evenly divided between periods in custody and on licence.
Judge Gordon Kerr KC noted that UVF paraphernalia was found in the homes of both defendants, but he said did not consider there was a terrorist link to the weapons that were seized.
The judge said earlier this week that there were “exceptional circumstances” in Irvine’s case, namely his “work for peace and his charity work in the community”.
Irvine did not provide any explanation for his possession of the weaponry, making no comment during police interviews, but instead providing a prepared statement outlining his reputation as a “trusted interlocutor” during the peace process.
The fact that Irvine, despite his silence, will be behind bars for just 15 months after accepting involvement in such serious offences, has caused widespread concern, with both unionist and nationalist representatives raising pertinent questions.
Irvine did not provide any explanation for his possession of the weaponry, instead outlining his reputation as a “trusted interlocutor” during the peace process
Ulster Unionist MLA Doug Beattie was fully entitled to describe the ruling as “bizarre”, pointing out that Irvine was arrested during a period of heightened political tensions, and asking how the judge could possibly conclude that there were no terrorist links to the offences.
First Minister Michelle O’Neill of Sinn Féin has also criticised the outcome, and the Public Prosecution Service has said it is considering whether there is a legal ground to refer the sentence to the Court of Appeal, which has the power to impose an increased penalty.
It is extremely difficult to understand how the judge could accept that Irvine kept UVF paraphernalia in his home but the deadly weapons he was convicted of possessing were not connected to a paramilitary group.
There are overwhelming indications that the sentence received by Irvine was unduly lenient, and there will be a firm expectation that the case will be referred to the Court of Appeal without further delay.
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