TRIPLE killer Alan Patrick Reeve was refused an application to stay in Ireland yesterday in the High Court on the day he was due to leave in British police custody.
On Wednesday, in the District Court, Reeve consented to being extradited to England and he was due to leave Dublin Airport in the custody of British police at noon yesterday.
Reeve changed his mind yesterday morning when he asked his solicitor to apply for a temporary injunction to restrain the Irish authorities sending him back to Broadmoor Special Hospital in Berkshire.
At 12.25 p.m. yesterday Reeve's attempt to remain in Ireland was rejected by the President of the High Court, Mr Justice Costello. Reeve was not present in court.
The judge said there was no reason for making an order refusing the extradition of Reeve.
On October 15th, 1964, Reeve was convicted at Chelmsford, Essex, of the manslaughter of Roger Barry Jackson on August 16th, 1964. He was ordered to be detained in Broadmoor under the Mental Health Act without a time limit.
In November 1967, Reeve was convicted at Oxford of the manslaughter of a fellow inmate and ordered to be detained at Broadmoor. In August 1981, he absented himself without leave from Broadmoor. He went to Holland, where he was convicted in 1982 of the manslaughter of a policeman and served 10 years.
Yesterday, Mr John Peart SC, for Reeve, claimed his client while in Broadmoor was a "political prisoner" within the meaning of the 1965 Extradition Act. It might not be political with a capital but certainly his client had been the instigator of a commotion and unrest while there in that he had complained about the behaviour of the Broadmoor authorities.
Mr Peait said that at the time Reeve consented to the extradition he was awaiting advice from an English solicitor. Also involved were emotional circumstances due to the arrival from Cork of his female friend. There were pressures on him.
The Extradition Act seemed unclear about the position of a person who had given his consent to be extradited. He was seeking an injunction to restrain the authorities from returning his client to England.
Reeve's solicitor, Mr Eugene Dunne, in evidence, said he had consulted with his client.
Reeve's instructions were that he wished to withdraw his consent to the extradition order and to a 15 day waiver. Reeve had been awaiting advice from his English solicitor. On the basis of that advice, which he (Mr Dunne) had received on Wednesday night and conveyed to his client, he was instructed to institute whatever proceedings were necessary to stop the extradition.
Mr Peart said Reeve had certainly been a political prisoner while in Broadmoor. He had been the instigator of commotion and unrest and, in particular, he had complained about the behaviour of the authorities in Broadmoor.
This led in 1994 to the British Home Secretary instituting extensive inquiries and the making of certain findings. If returned to Broadmoor Reeve would be a political prisoner and that was a reason for making the application.
He said that under the Extradition Act a person would not be extradited if the court believed the offence was a political offence or an offence connected with a political offence.
Mr Justice Costello asked if Mr Peart was suggesting it would be unjust or invidious to return Reeve to Broadmoor - that he would be maltreated. Mr Peart said that was the position.
Mr Dunne told the court that the District Court had ordered that Reeve be held in prison pending the making of arrangements with British police.
Giving his decision, Mr Justice Costello said Reeve had absented himself without leave from Broadmoor on August 9th, 1991. He was told the District Judge complied with the provisions of the Act and had informed Reeve that he would not be delivered to the English authorities for a period of 15 days except with Reeve's consent.
That provision having been complied with and Reeve having given his consent, an order was made by the District Court for his extradition. Mr Justice Costello said he was satisfied that the District Judge's order was valid. Reeve was properly detained.
Mr Justice Costello said there were no grounds for finding that the District Judge's order was not made with legal authority.
What had happened in this case was that Reeve had changed his mind. Having given his consent on Wednesday for his extradition he now wanted to withdraw it. The fact that he had changed his mind did not invalidate the order made by the District Judge.
Mr Justice Costello said he did not think that the lapse of time since Reeve's conviction would be a ground on which the court would refuse extradition.
He had been informed that there were exceptional circumstances upon which Reeve relied to oppose his extradition that he was in some way involved in a dispute in Broadmoor and was apprehensive about what might happen should he be returned.
The judge said he had come to the conclusion there was no substance to this claim and he had to refuse the application for an injunction.
. A question mark remains over the future of Reeve as he returns to Britain today. After he appears at Bracknell Magistrates' Court for formal identification it is unclear whether he will be returned to Broadmoor Hospital.