Former Irish soldier Lisa Smith has been sentenced to 15 months in prison at the Special Criminal Court for membership of ISIS, the Islamic State terrorist organisation.
The 40-year-old mother-of-one is the first person to be convicted in an Irish court of membership in another country of an Islamic terrorist organisation.
The court rejected her claims that she had gone to Islamic State simply out of a sense of religious obligation and for the innocent purpose of living under Sharia law and raising a family in a Muslim state.
It found her not guilty of a second charge of funding terrorism, saying that it is reasonably possible that she sent €800 to an Isis fighter and propagandist John Georgelas in May 2015 for his personal use or for "humanitarian reasons", after he had been injured during fighting in Syria.
Mr Justice Tony Hunt said today it was a serious matter for an Irish citizen and former defence forces member to take up allegiance to a foreign terrorist organisation.
The judge said Smith "followed rather than led" but knew precisely the nature of the organisation.
She is of previous good character and made a very positive contribution to society during military service.
There is, the judge said, no doubt that Smith had a hard time in Syria before repatriation, but this was a foreseeable consequence of her actions.
The court accepts that Smith suffered domestic violence at the time of her marriage in Syria and is the mother of a young child.
Mr Justice Hunt said the court believed she was not a source of future danger, that her focus will be on her daughter and her risk of reoffending is low.
However, he pointed out that the prosecution case was fully contested and therefore Smith has incurred a significant loss of mitigation as result.
He said that Smith had been easily led by circumstances, but she displayed resilience and determination thereafter in rejecting her family, travelling to Syria and remaining "to the bitter end".
The court accepts that her life in the camps in Syria was "arduous" and considered her argument of "previous incarceration" there, but has adapted the traditional approach to sentencing, he said.
"The custodial sentence threshold has been passed," he said, which will underline the gravity of the offence and deter others.
He also said there was "insufficient mitigation for fully a suspended sentence".
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Court rejects bail appeal
The court also rejected an application by Smith to be allowed remain on bail pending an appeal.
Mr Justice Hunt said the court had "considered the application" and there was "no basis for the application".
"We have imposed sentence, determined the verdict and backdated the sentence to 21 June," Mr Justice Hunt.
The judge said the application was in effect to invite the court that it has some doubt about its conclusions and trial process.
"If it had then they would already have been resolved," in Smith's favour, Mr Justice Hunt said.
He pointed to the courts doubts in relation to the terrorist financing charge which Smith was acquitted of.
The judge also said the matter was now one for the Court of Appeal to look at transcript and that it has jurisdiction to grant bail.
Conviction required cooperation
Gardaí say Smith's conviction was the result of a complex international terrorism investigation which required the cooperation of numerous law enforcement agencies throughout the world, including the FBI, Australian Federal Police, UK Counter Terrorism Command, PSNI, Europol and Interpol.
A statement this evening said the case demonstrates An Garda Síochána's determination to investigate terrorist offences in accordance with Irish legislation wherever they are committed.
They also say they wish to thank their international partners and in particular express their gratitude to the many members of the Irish Muslim community who assisted the investigation.
