Extradition cases will not be allowed to damage the advanced peace process

Extradition, which had been a highly contentious issue between Dublin and London almost since the outset of the Troubles in Northern…

Extradition, which had been a highly contentious issue between Dublin and London almost since the outset of the Troubles in Northern Ireland, has emerged again as a sticking point at a crucial point in the peace process.

Security sources on both sides of the Border were concerned that the issue of extradition might be used by dissident republicans to try and delay moves towards decommissioning.

However, sources pointed out that such a technical issue as extradition will not be allowed to damage the peace process at such an advanced stage.

It is hoped that some form of decommissioning or destruction of IRA weapons could take place this month or early next month before the Ulster Unionist Council meeting to decide on the future of the Northern Ireland Assembly.

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If there is no move on decommissioning by the IRA the Assembly could be suspended.

It appears that neither government had anticipated that extradition would re-emerge as an issue. Yet there are several cases with outstanding warrant files in Garda Headquarters and the Department of Justice for several figures in relation to IRA offences in the North, Britain and Germany.

The issue flared up this week after the arrest six days ago of Angelo Fusco in Kerry.

Fusco was stopped at a routine checkpoint by uniformed gardai who became suspicious and called for assistance from plainclothes detectives, one of whom recognised Fusco and was aware of the existence of a warrant for his arrest.

It is understood that Fusco had been "on the run" since disappearing shortly before the Supreme Court ruled that he be extradited to Northern Ireland in February 1998.

He had a number of aliases. Fusco hoped that the issue of his extradition could be settled without controversy, and he wished to live in Kerry with his family.

The principal case before the High Court, until Fusco's, is that of the Limerick man, Nessan Quinlivan.

He escaped from Brixton Prison in July 1991 along with Pearse McCauley from Co Tyrone. They were being held on remand on a charge of conspiring to murder the Whitbread Brewery chairman and Conservative Party fund-raiser, Sir Charles Tidbury.

Quinlivan has been fighting extradition since being arrested by gardai seven years ago in Dublin. He is on bail awaiting the judgment in a High Court case which is expected before Easter.

McAuley is one of four IRA men being held in Castlerea Prison after being sentenced to 14 years' imprisonment for the manslaughter of Det Garda Jerry McCabe.

There are at least seven outstanding warrants for men in the Republic wanted for IRA offences committed in the North. There is a smaller number wanted in relation to IRA offences committed in Britain.

The issue extends across the Atlantic where John Edward McNicholl, who escaped from the Maze Prison in 1976, is also fighting extradition back to Northern Ireland.

McNicholl, who is from south Derry, was serving a sentence for the murder of an RUC constable in Dungiven, Co Derry, in July 1976.

He was part of an Irish National Liberation Army breakout from the Maze Prison in 1976. He lived in Donegal for years before emigrating to the United States where he has lived since the late 1970s.

The issue of extradition of IRA figures from the United States emerged during the negotiation process in the Belfast Agreement as there were at least five men facing deportation back to Northern Ireland to face potentially lengthy sentences.

These included three IRA men who escaped from the Maze in 1983.

Their case ran until 1998 when the Federal Appeal Court in California overturned an order to extradite three Belfast men, Terry Kirby, Kevin Barry Artt and Pol Brennan, all of whom had settled in California in the 1980s after entering the United States on false passports.

The court ruled that the legal system in the North was open to prejudice.

However, the case could still be reactivated if there was a further appeal against the court's decision.

Until the Fusco and Quinlivan cases are decided by the High Court it is unlikely that the Government will make any moves to settle the remaining outstanding warrants.