CLICK HERE TO GET YOUR BELFAST TELEGRAPH NEWSPAPER DELIVERED TO YOUR DOOR EVERY DAY

Belfast Telegraph

  • nijobfinder
  • nicarfinder
  • propertynews.com
  • Classified

Were overtures made to deter the extradition of two IRA men Pearse McAuley and Nessan Quinlivan?

Extradition has been the bane of Anglo-Irish relations for decades. But, political |considerations aside, would prosecuting Pearse McAuley and Nessan Quinlivan have been in the public interest, asks Alan Murray

Thursday, 6 August 2009

In April 2000 the High Court |in Dublin ruled that Brixton Prison escaper Nessan Quinlivan should be extradited to Britain to face charges of conspiracy to murder and cause explosions, as well as escaping from prison and wounding with intent.

Mr Justice Peter Kelly said there were no circumstances that would render it “improper, unfair or |oppressive” to order Quinlivan’s extradition and added that the offences for which his extradition was sought “were not political offences”.

Lawyers for Quinlivan had argued that it would be largely pointless to extradite him to Britain because, under the terms of the Good Friday Agreement, he would probably be freed by July of the following year.

Perhaps therein lies the part motivation behind yesterday’s announcement by the Crown Prosecution Service in London that it was no longer seeking the extradition of Quinlivan and his fellow Brixton escaper Pearse McAuley.

Almost certainly lawyers for both would have successfully argued that the offences they were charged with in 1991 were of a “political nature”, or that both would benefit from the sentence remission provisions flowing from the Good Friday Agreement.

Extradition cases between Britain and the Irish Republic have generated shrill exchanges between politicians on both sides of the Irish Sea since the 1970s — most notably between Margaret Thatcher and Charlie Haughey.

For the mandarins in Whitehall and Stormont, the rancour that some cases generated not only got in the way of diplomacy, but, on occasion, actually impeded carefully orchestrated developments behind the scenes.

For Sinn Fein, proceedings to extradite McAuley and Quinlivan from Dublin to London at this juncture would have given dissident republicans new opportunity to allege that Adams, McGuinness and company remained subservient to Britain.

Nevertheless, it’s difficult to see how the CPS could cogently argue that the extradition of the IRA pair would have proved unsuccessful on the charge of escaping from lawful custody at Brixton Prison in 1991 and could not have been satisfactorily proven beyond a reasonable doubt in even a Dublin court, never mind a court in London.

Securing convictions on the charges on which they were remanded to Brixton may have proved a tad more difficult given the passage of time, the death of witnesses and the possibly flawed recall of testimony provided nearly 20 years ago. And, even if they were convicted on all charges, the early release sentencing provisions would have greatly negated the impact of a 10 or 20 year sentence for conspiring to murder or conspiring to cause explosions.

Nevertheless, the decision does raise major questions about the motivation behind it and whether political overtures were successfully orchestrated to deter the thought of extradition.

Jeffrey Donaldson, Jim Allister and others from the unionist side of the house have understandably vented their anger at the CPS and the alleged political shenanigans that they claimed brought about the decision — and many share their concerns.

Overall, political considerations aside, the question that has to be addressed is whether the expensive legal exercise of seeking |the extradition of McAuley or Quinlivan, and thereafter mounting lengthy trials for their alleged IRA deeds in England in the late 1980s, would have benefited the taxpayer. What it does, however, draw attention to indirectly is the purpose of the Historical Enquiries Team in Northern Ireland and its decisions to mount prosecutions in some old cases.

What if HET detectives arrive at a conclusion in the future that either or both of these fugitives from British justice was involved in the commission of a murder in Northern Ireland for which they were never interviewed, would its current boss, Dave Cox, approach the CPS or the DPP here seeking a new extradition warrant for either? Somehow, right now, I very much doubt it.

Post a comment

Limit: 500 characters

View all comments that have been posted about this article

Comment
Your details

* Required field

Offensive or abusive comments will be removed and your IP address logged and may be used to prevent further submissions. In submitting a comment to the site, you agree to be bound by BelfastTelegraph.co.uk's Terms of Use.

Posts submitted in UPPERCASE letters will be rejected.

And a cynic might add - a prelude to dropping extradition requests for 'on-the-runs' living it up in the USA; with the eventual aim of air-brushing their crime records from history.

Posted by Liz | 08.08.09, 18:49 GMT

Post a complaint

Please note Name and E-mail are required.

Contact details

In Pictures: The Troubles

Columnist Comments

mark_steel

Brown can't even stick to his own nonsense on Afghanistan

Bit by bit, as happened with Iraq, the reasons for staying in Afghanistan slide into gibberish. So Gordon Brown's reasons for the war seem to change every week.

ed_curran

Why defining identities is more than Armalites and Ulster Scots

If you think you're a unionist or a nationalist can you define what you mean?

eamon_mccann

Cannabis: it’s time to stop the lies and start a rational debate

It doesn't require a Leap of faith to support the growing calls for a radical rethink of policy on drugs and in particular on the decriminalisation of cannabis.

eric_waugh

We're stuck with the Assembly . . . and it's no laughing matter

A few evenings ago the Minister of Health at Stormont, Michael McGimpsey, was to be seen on the television news offering his audience what he termed a 'joke'.

Columnist Comments

Columnist Comments

james_lawton

Thierry Henry's confession leaves revolting taste

The Republic of Ireland is entitled to believe it has never seen anything so cynical, so far removed from the spirit of sport, as the devilish hand played by Thierry Henry to deny Giovanni Trapattoni's team a place in the World Cup finals that would have been so thoroughly deserved.

david_healy

Wenger’s way a lesson to all of us

Arsenal are scoring goals galore at the moment. Not exactly what everyone was hoping for at Sunderland ahead of our Premier League game with them tomorrow.

Columnist Comments

frances_burscough

I Iearned a tough lesson from my first digs at uni

My nephew Joe left home this week to go to university. It’s a huge step for a teenager but if anyone can carry it off with aplomb he certainly can.

Columnist Comments

gail_walker

GAA scored an own goal over SF demonstration

Just because it's Nelson McCausland, it doesn't mean he's wrong. The events surrounding that Hunger Strike anniversary rally at Galbally GAA grounds pose very disturbing questions for the organisation.

Columnist Comments

hamish_mcrae

Cost of pay freezes and high taxes was a culture of duplicity, envy and hypocrisy

The Chancellor was right yesterday to dismiss the idea of a High Pay Commission. His phraseology was characteristically mild: he was "not persuaded" of his merits.

Columnist Comments

eric_waugh

Eric Waugh: Why Gareth’s a victim of our failure to tackle drink culture

The case of Gareth Anderson, the teenage victim who has ruined his liver with booze, is agony writ large.

Columnist Comments

lindy_mcdowell

Why we’re now in a panic about the pandemic panic ...

According to the Health Minister, Andy Burnham, the Swine Flu pandemic has led to a pandemic of public panic.

TeleToons

TeleToons by Stevie Lee

 

Click here for audio version