Two men in their 70s will be surrendered to Northern Ireland to face charges relating to the murder of a Royal Ulster Constabulary (RUC) officer 50 years ago.
The High Court on Thursday rejected the pair’s argument that their extradition would be an abuse of process.
Mr Justice Patrick McGrath said there was no evidence to suggest John Edward McNicholl (73) and Seamus Christopher O’Kane (74) would not receive a fair trial in Northern Ireland. He ruled that a delay in serving them with warrants was not grounds for refusing their surrender to the North.
Both men escaped from west Belfast’s Maze Prison in a dramatic tunnelling breakout in May 1976 before they could be put on trial.
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Mr O’Kane has been living openly in Meath for almost 50 years, while Mr McNicholl, who was deported from the United States, has been in the Republic since 2003.
Mr McNicholl, of Newmills, Letterkenny, Co Donegal, and Mr O’Kane, of Scalestown, Dunshaughlin, Co Meath, are wanted in the United Kingdom. They face charges arising from an investigation into the murder of 25-year-old Constable Robert John McPherson in Co Derry on July 26th, 1975, and the attempted murder of a second constable.
Mr McNicholl is charged with murdering Constable McPherson and attempted murder, while Mr O’Kane is charged with possession of firearms, including an RUC-issued weapon taken during the ambush on Constable McPherson.
At the High Court last year, Mark Lynam SC, for Mr McNicholl, said his client has been in Ireland since 2003 but, for reasons unknown, the UK made no effort to seek his surrender until now.
Mr Lynam described this as a “significant abuse of process”. The extradition warrant was issued four days before the commencement of the Legacy Act, which limits criminal investigations and prosecutions related to Troubles-era offences. It was submitted that Mr McNicholl is now a “frail” man with severe health problems.
Barrister John Berry, for Mr O’Kane, said his client “got on with his life” and lived normally following a failed attempt at his extradition in 1978.
In delivering judgment on Thursday, the judge said there is a public interest in the Republic honouring its extradition treaties.
The case has been adjourned to April 3rd. Both men have been remanded on continued bail until then.
Warrants for their arrest were issued following a request by Northern Ireland authorities last year as part of an ongoing investigation into Constable McPherson’s murder.
Constable McPherson was from Leck, outside Coleraine in Co Derry. He was shot dead in an Irish National Liberation Army (INLA) ambush in Dungiven Main Street in the middle of the day.
He was hit by a single shot when he and a colleague were ambushed as they investigated a report of a suspect car. His fellow officer was hit multiple times but survived.
Mr McNicholl and Mr O’Kane face four charges relating to the possession of explosives and firearms on February 16th, 1976, at Garvagh, Co Derry.
