SIX PEOPLE being held in connection with the terrorist murders of two soldiers and a police officer yesterday began a High Court challenge to the extension of their detention period.
One of them, prominent republican Colin Duffy, was present as his lawyers attempted to overturn a decision which allows police to hold them for an extra seven days.
Judges granted anonymity to the other five, who are all seeking an urgent judicial review on the same basis that the move was unlawful and breached their right to liberty under the European Convention on Human Rights.
Four of them, including Duffy, have been questioned about the Real IRA shootings of Sappers Mark Quinsey (23), and Patrick Azminkar (21), outside Massereene Army barracks in Antrim on March 7th. The other two were arrested over the murder of Constable Stephen Carroll (48) by the Continuity IRA in Craigavon, Co Armagh, two days later.
None have been charged, but at the weekend a County Court Judge granted the extension request brought under the Terrorism Act 2006.
Handcuffed and flanked by police, Mr Duffy (41) smiled up at family and friends in the public gallery after being allowed into the courtroom by the three judges hearing the application.
Some of his supporters later confronted officers and shouted abuse as he was led away when the case was adjourned to allow the judge to give reasons for her decision.
Earlier, Barry Macdonald QC, for the six applicants, said the reason they were still in custody was that police were awaiting the outcome of forensic tests. He claimed this did not warrant a decision that their continued detention was necessary. He also argued that the judge failed to consider whether there was a persisting reasonable suspicion over any of the applicants, and that she failed to give reasons for her decision.
Under amendments to the Terrorism Act suspects can be held for 28 days before they must be charged or released. According to Mr Macdonald it is not necessarily expected that any of his six clients will be formally accused before that period expires.
“Because there has been no charge the applicants are not entitled to apply for bail,” he added. “So, although the applicants can be detained under these provisions for up to 28 days, they have fewer rights – and indeed no right to bail – than a person for whom there is sufficient evidence to bring a criminal charge.”
Paul Maguire QC, for the Crown, countered by stressing the test for continued detention was on the balance of probabilities. Lord Chief Justice Sir Brian Kerr said a decision would be made on the application after reasons for the extension were given today.