A BELFAST court is to consider whether a convicted Basque separatist killer should be extradited to Spain to face charges of encouraging terrorism.
Inaki de Juana Chaos (53) is said to have written a letter of encouragement to those engaged in the campaign of violence which was read out at a rally.
Mr de Chaos, who was freed last August from prison after 21 years for his role in some 25 murders, denies composing such a letter.
The extradition was on the basis of a vague interpretation of the letter included in a journalist's account, Mr de Chaos's counsel told Belfast Crown Court yesterday.
Edward Fitzgerald QC told the court, which was packed with Spanish reporters: "All we have got is a journalist writing down something which is alleged to have been said.
"We respectfully submit that, if the conduct alleged is to be the basis of a finding that would, if done in England, constitute a crime, it has to be identified with particularity and, indeed, with accuracy." It is claimed that the extradition could not be granted because there is no equivalent crime in the UK.
The court heard arguments that the warrant for the extradition is therefore defective. "It's just too vague - you have got to say what the words were," Mr Fitzgerald said.
The phrase complained of as an illegal encouragement to terrorism could be translated as "keep it up, carry on or kick the ball," he told the court.
"If the allegation is of words which can be interpreted in this particularly controversial context do these words bear the interpretation?"
Stephen Ritchie, prosecuting, said the case against Mr de Chaos was clear and not vague.
"It is an offence for someone to get up in front of the City Hall and encourage or exhort terrorism . . . it is an offence. It is quite clear, we say."
Recorder Tom Burgess said: "I have no idea what this document is. It seems to be potentially dangerous for this court to start looking at a document for the purpose of whether or not a crime is involved."
The case was again adjourned while the judge considers his verdict.