It would be fruitless to extradite the Brixton prison escaper, Mr Nessan Quinlivan, to Britain because, under the terms of the Belfast Agreement, he would probably have to be freed by July next year, the High Court was told yesterday.
Mr Michael Farrell, solicitor for Mr Quinlivan, said all prisoners jailed in England for offences connected with the IRA campaign there had now been transferred to the Republic or Northern Ireland and several had been released.
The Belfast Agreement intended all qualifying prisoners would be freed by July 13th, 2000, and Mr Quinlivan was such a prisoner.
Mr John Kenny, a senior official with the Department of Justice, stressed it was for the Minister for Justice to decide whether Mr Quinlivan was a "qualifying prisoner" under the terms of the agreement and added that the consent of the Minister and the British Home Secretary was required for the transfer of any prisoner back to the Republic. However, he agreed those consents were more likely to happen than not.
Mr Quinlivan (34), a native of Limerick but with an address in Dublin, is resisting his extradition to Britain on the grounds that the offences for which his extradition is sought are political offences connected with the IRA campaign in Britain and that he cannot receive a fair trial because of extensive, prejudicial and continuing publicity in Britain since his arrest in 1990.
He also contends that the escape of himself and Mr Pearse McCauley from Brixton Prison in July 1991 was encouraged by M15 and set up by an agent provocateur.
He said that agent had been named as a prison officer, Mr Alan Marshall, a former member of the SAS who was allegedly working as an informant for a Det Sgt Keith Harrison of the Staffordshire Police Special Branch.
From a series of media investigations in Britain, Mr Quinlivan said, he had formed the belief that Mr Marshall and Mr Harrison were acting on behalf of the SAS or MI5 and that Mr Marshall's task was to persuade himself and Mr McCauley to escape in the hope they would lead the security services to their alleged colleagues in the IRA.
Yesterday was the opening of Mr Quinlivan's appeal against a 1995 District Court order for his extradition to Britain on foot of four warrants, all dated April 1993, alleging conspiracy to murder the Whitbread Brewery chairman, Sir Charles Tidbury, and conspiracy to cause explosions on dates before November 12th, 1990, escape from lawful custody and wounding with intent.
Mr Quinlivan has also taken a separate judicial review challenge seeking to quash the District Court extradition order on the grounds that publicity in Britain has prejudiced his prospects of a fair trial. Those proceedings and the appeal are being heard in tandem by Mr Justice Kelly.
Mr Quinlivan, who is on bail pending the outcome of the legal actions, was in court yesterday with relatives and friends.
Opening the hearing, Dr Michael Forde SC, with Mr Richard Humphries, for Mr Quinlivan, said the offences for which his client's extradition was sought were political offences within the meaning of Section 50 of the Extradition Act, 1965.
He was also contending it would be unjust, oppressive and invidious to order Mr Quinlivan's extradition on the grounds of delay since the commissioning of the alleged offences, adverse and extensive pre-trial publicity, the role of an agent provocateur in the Brixton escape and because, under the terms of the Belfast Agreement, Mr Quinlivan would be due for release by July 2000.
In an affidavit, Det Constable Clive Robinson of the Anti-Terrorist Branch of the London Metropolitan Police said it was alleged Mr Quinlivan and Mr McCauley were members of an IRA active service unit intent on murdering Sir Charles Tidbury and more than 20 other persons by using under car booby-trap bombs and guns to cause indiscriminate loss of life and serious damage to property.
It was alleged Mr Quinlivan and Mr McCauley, between January and October 1990, used false identities, lived at London addresses, acquired various vehicles, prepared lists of persons to be murdered and acquired and stored an arsenal of terrorist equipment. It was alleged Mr Quinlivan's fingerprint was found on a revolver in a car in London in October 1990.
The hearing continues today.
