THE trial of the self styled leader of the Scottish National Liberation Army was adjourned by the Special Criminal Court until the High Court decides if his rearrest was lawful.
Adam Busby (48), a native Paisley in Scotland with an address at Upper Gardiner Street in Dublin, is charged with possessing incendiary devices addressed to the British Labour Party leader, Mr Tony Blair, and the party's Scottish spokesman, Mr George Robertson.
The charges allege that on a date unknown between January 1st and March 10th, 1995 he had under his control improvised incendiary devices contained in envelopes addressed to Mr Blair, to British Labour Party headquarters at Walworth Road in London, and to the Shadow Scottish Secretary, Mr George Robertson MP, in Inverness, intending to use the devices to damage property.
He is also charged with the unlawful possession of an explosive substance.
Mr Busby was one of 16 high security prisoners who were released and rearrested earlier this month as a result of confusion over the delisting, of Judge Dominic Lynch from the Special Criminal Court.
Mr Justice Barr, the presiding judge, said it had been submitted by counsel for Mr Busby that he was not lawfully before the court.
He said it had been alleged that Mr Busby was remanded in custody and detained in Portlaoise Prison by an order of a Special Criminal Court which was not lawfully constituted.
He said it had also been alleged that when the authorities became aware of the unlawfulness of the accused's remand, they continued to detain him "for such time as was necessary to arrange for members of the Garda Siochana to attend at the prison for the purpose of rearresting the accused preparatory to bringing him before this court to be charged with offences similar to the original charges on which he was being held in custody and that that detention amounted to a deliberate and conscious violation of his constitutional right to liberty."
The judge said it had also been alleged that Mr Busby was not "meaningfully released from custody" before his rearrest.
Mr Justice Barr said: "The court is aware that other accused persons were rearrested in circumstances similar to those which pertain in this case and for similar reasons.
"We have been advised that a large number of those so rearrested have commenced habeas corpus proceedings in the High Court claiming that for reasons similar to those advanced on behalf of the accused, their continuing detention is unlawful."
The judge said the preliminary issue was "essentially a complaint regarding unlawful detention" and that "the court recognises the undesirability of a multiplicity of proceedings relating to the same issue."
He said the Special Criminal Court has no jurisdiction to entertain applications for habeas corpus.
He said the court acceded to the application by prosecuting counsel, Mr Paul McDermott, that the determination of the preliminary issue be adjourned "pending the outcome of the habeas corpus proceedings which are at present before the High Court".
Mr Busby was remanded in custody until next Wednesday, when a bail application on his behalf will be heard.