The Supreme Court yesterday reserved judgment on an appeal by the Brixton Prison escaper, Nessan Quinlivan, against the High Court's refusal to make an order for the production of documents relating to his escape.
The documents sought by Quinlivan (33), of Knockalisheen Avenue, Ballynanty Beg, Limerick, include unpublished reports on the alleged role of a prison officer and a detective sergeant in the escape of July 1991.
Quinlivan wants the documents in preparation for his impending appeal against a Dublin District Court order for his extradition to Britain. He is on bail of £70,000 awaiting that appeal.
His extradition is being sought on four warrants alleging conspiracy to murder and to cause explosions, escape from lawful custody and wounding with intent.
In the High Court last March Mr Justice Kinlen was told Quinlivan will claim his escape from Brixton Prison was encouraged and assisted by a prison officer and a detective sergeant in the hope that he would lead the UK authorities to his "supposed associates" in the IRA.
Quinlivan is claiming that a number of inquiries and disciplinary hearings were held into the role of a named prison officer and British police officers in the Brixton Prison escape but were never published.
Orders for production of these and all documents concerning his "alleged escape" from Brixton Prison, including the reports of all inquiries conducted in its aftermath, were sought by Quinlivan against Deputy Garda Commissioner Noel Conroy and Assistant Commissioner Hugh Sreenan.
Mr Michael Farrell, solicitor for Quinlivan, said discovery of all documents relating to the escape was necessary for the proper presentation of Quinlivan's claim that the offences for which his extradition is sought are political and that he cannot get a fair trial because of prejudicial publicity.
Mr Justice Kinlen refused the application on the grounds that the Garda officers were not, and had not been, in possession, power or custody of the documents sought.
The Chief Justice, Mr Justice Hamilton, said the court would reserve its judgment.