AN APPEAL has been lodged at the High Courts of Justice in London in the case of six men facing criminal charges for their alleged escape from Whitemoor Prison, Cambridgeshire, in September 1994, on the grounds that could not expect to have a fair trial due to "repetitive prejudicial press reporting".
Mr Paul McGhee, Mr Liam McCottee, Mr Daniel McNamee, Mr Liam O Diribhir, Mr Peter Sherry and Mr Andrew Russell are challenging the fairness of facing a trial on the basis of prejudicial press coverage of the escape from Whitemoor. They say this has continued despite the fact they have not been committed for trial. They complain about the delay in a trial date being arranged and the "nature of the regime in Whitemoor and Belmarsh Prison" where they are held.
The appeal, being held over two days, was told these factors combined "to it not being fair to proceed with a trial" on the grounds the physical and mental condition of the men had suffered and as such "their ability to prepare for a trial has suffered".
Mr Tim Owen, representing the defendants, except Mr McGhee, said while they faced charges of escaping from Whitemoor Prison, possessing a firearm with intent to use and the shooting of a prison officer, the conditions under which they are held at Belmarsh Prison, London, made it "very difficult" to prepare for a trial.
Mr Owen told the court that since the escape from Whitemoor, the men had been denied contact with their families for over a year and that from the point of their recapture to December 16th, 1994, they had been held in solitary confinement.
However, it was argued by Mr Walters QC, for the prosecution, that while the conditions of the prisoners confinement was more rigorous than other prisoners' conditions", it could not he argued this would prejudice a trial since he believed it was the impairment of the defendants' memory of the escape that was the main issue of contention.
In an unusual development, Mr Justice Maurice Kay left the courtroom to view almost three hours of television and news footage of a Panorama documentary, first screened on November 21st, 1994, which the defence argued was further prejudicial material.
When the court returned Mr Owen spoke for three hours on what he called the "detailed narrative" which he said characterised British press reporting of the escape from Whitemoor and "which has continued until this year".
The assumption of guilt by the tress reports and their "incessant repetition" of what allegedly happened during the escape from Whitemoor contributed, Mr Owen said, to these stories "taking on a life of their own and becoming linked to any story about fiasco's in the prison service".
The appeal continues today.