A WARRANT was issued in the High Court in Dublin last night sanctioning the transfer of an IRA prisoner, Patrick Kelly, from Maghaberry jail in Co Antrim to Portlaoise jail.
Mr Justice Moriarty issued the warrant on the application of the State under the terms of the Transfer of Sentenced Persons Act, 1995. The Act was brought in to give effect to the terms of the European Transfer of Prisoners Convention.
Kelly (48), who is gravely ill with skin cancer, is serving a 25 year sentence for conspiracy to cause an explosion and attempted murder. He was sentenced at the Central Criminal Court in London in 1993. He has been in Maghaberry prison since December.
Mr Frank Dunne, an assistant secretary at the Department of Justice, in an affidavit said the Minister for Justice received a request from the UK prison service, Home Office, on December 21st last to consent to the transfer of Kelly into the State to serve out the balance of his sentence.
Mr Dunne referred to a copy of a consent in writing, dated yesterday, by Kelly to his transfer to this jurisdiction.
Mr Dunne said he was informed by the Minister for Justice she was satisfied that all reasonable steps had been taken to inform Kelly of the substance of the international agreements under which it was proposed to transfer him. She was satisfied that the full requirements for the transfer had been fulfilled under the Act.
The Department of Justice certificate authorising the transfer, as required by the Act, had been signed by Mr Dunne. Kelly was also informed of the effect of any warrant which might be issued under the 1995 Act.
The British Home Secretary, Mr Michael, Howard, gave his consent to Kelly's repatriation by fax dated May 9th. Mr Justice Moriarty said he was satisfied with the thorough way in which counsel for the State, Mr Tom O'Connell, who was instructed by Mr Charles Moran of the Chief State Solicitor's Office, had covered the proofs required under the Act. There were some particular compassionate grounds in the documentation. He was disposed to make the order sought.
Mr O'Connell, who said this was an urgent application, said there had been only one previous application under the Act.
Mr Michael Farrell, solicitor for Mr Kelly, said he wanted to thank the judge for taking the application as it was very important to the welfare of his client.