A legal challenge by the Belfast prison escaper, Angelo Fusco, to a second attempt to extradite him to Northern Ireland to serve a life sentence for the murder of an SAS captain was further adjourned at the High Court yesterday.
Fusco (43), formerly of Belfast but now living at Shanakill, Tralee, Co Kerry, was in court when the case was mentioned yesterday morning before Mr Justice Finnegan.
Dr Michael Forde SC, for Fusco, said his side had filed legal documents for Fusco's challenge to his extradition. His client also intended to renew his application for bail.
It is understood the affidavits filed on behalf of Fusco will argue he qualifies for early release under the provisions of the Belfast Agreement and in those circumstances, and because he has been living in Co Kerry for several years, it would be unjust and oppressive to extradite him.
Mr Edward Comyn SC, for the State, said it needed time to consider the documents and to file its papers.
The hearing was adjourned to an unspecified date.
A bail application on behalf of Fusco, who has already been refused bail by Mr Justice Finnegan, may be renewed within weeks.
When refusing bail, the judge indicated his decision might be reviewed in the event of a change in circumstances indicating Fusco would not abscond prior to the hearing or in the event of a hearing delay.
Fusco was refused bail on January 6th and has been in custody since.
He is wanted in the North to serve a life sentence imposed on him for the murder 20 years ago of Capt. Herbert Westmacott, of the SAS. The High Court has granted him leave to challenge his detention and a review of the District Court order directing his extradition.
An earlier court hearing was told that Fusco escaped with seven others from Crumlin Road prison in 1981.
He was convicted and jailed in his absence for the murder of Capt. Westmacott, who was shot dead by the IRA with an M-60 machine gun while leading an eight-man patrol in north Belfast during a raid on a house.