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Appeal to overturn sentences adjourned
Saturday, 28 November 2009
Four men who were expecting to have their convictions for terrorism offences quashed will have to wait until the new year after the Court of Appeal put their applications on hold.
Yesterday, judges delayed their decision to overturn the guilty verdicts to seek clarification on legislation used to convict them. The prosecution has already confirmed it is no longer seeking to stand over any of the convictions.
But during the hearing yesterday fresh concerns were raised about the link between two pieces of legislation — Judges’ Rules and the Emergency Provisions Act — which were in operation at the time. These pieces of law governed the admissibility of confessions at the time.
Lord Chief Justice Sir Declan Morgan told the hearing the Court of Appeal wanted to “get this right”.
Three of the cases involve Derry men Eric Wright, James Henry Brown and Peter Joseph McDonald, who were all 16 when they signed confessions while in police custody during 1976-77.
A fourth man, Stephen Paul McCaul from Belfast, was also referred back to the Court of Appeal by the Criminal Cases Review Commission.
They were all arrested on suspicion of terrorist-related activity, including at least one case involving membership of the IRA's youth wing.
Because they were aged 16 at the time of their detention, under Judges' Rules then in operation they should have been interviewed in the presence of a solicitor and appropriate adult.
The judges have adjourned their cases until January 8.
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