Constable McPherson was shot dead in an INLA ambush in Dungiven Main Street in 1975
Two Maze escapees will be surrendered to Northern Ireland to face charges relating to the murder of an RUC officer in Derry nearly 50 years ago.
At a High Court extradition hearing on Thursday, Mr Justice Patrick McGrath said there was no evidence to suggest that John Edward McNicholl (73) and Seamus Christopher O’Kane (74) would not receive a fair trial in Northern Ireland.
Both men escaped from the Maze Prison in a dramatic tunnelling breakout in May 1976 before they could be put on trial.
Mr O’Kane has been living openly in the Meath area for almost five decades while Mr McNicholl, who was deported from the US 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 the north.
They face charges arising from an investigation into the murder of Constable Robert John McPherson (25) in Co Derry on July 26 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 firearm taken during the ambush on Constable McPherson.
At the High Court last year, Mark Lynam SC, for Mr McNicholl, said his client had been in Ireland since 2003 but for reasons unknown, the UK made no effort to seek his surrender until now.
Mr Lynam said he was arguing that this was a “significant abuse of process”.
It was submitted that Mr McNicholl is now a “frail” man with severe health problems.
John Berry BL, for Mr O’Kane, said he was also making an objection on grounds of an abuse of process.
He said the delay in the UK authorities seeking his client’s extradition has not been adequately explained.
Following a failed extradition attempt in 1978, Mr Berry said his client “got on with his life” and lived normally and unexceptionally in the Republic for nearly half a century.
In delivering judgment, Mr Justice McGrath said that in the case of both men, while there was no doubt that their surrender would impinge on their family life.
He said this disruption was not so exceptional that it would constitute a breach of their family rights.
“There is no basis to suggest he will not receive a fair trial in Northern Ireland, and no evidence has been put before the court to raise any doubt that he will be shut out from challenging this prosecution in Northern Ireland,” said Mr Justice McGrath.
He went on to say that there was a public interest in Ireland honouring its various extradition treaties.
Finding there were also no grounds to conclude this was a case where surrender was an abuse of process, Mr Justice McGrath rejected the application and made an order for the respondents' surrender.
The matter was put back to April 3 next, with both men remanded on continual bail.
Warrants for the arrest of both men were issued following a request by the Northern Ireland authorities last year as part of an ongoing investigation into Constable McPherson’s murder.
Constable McPherson was shot dead in an INLA ambush in Dungiven Main Street. 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.
by WrongdoerGold1683
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Utter scum
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