AN ESCAPER from a Northern Ireland prison was convicted in a "trumped up case" and would face prejudice because of his political and religious beliefs if sent back, his lawyer said.
Attorney Mr James Brosnahan made the charges at the start of a hearing on Tuesday in San Francisco to decide whether to grant a British request to extradite his client, Kevin Artt (38), and another escaper, Terry Kirby. Artt and Kirby were among 38 prisoners who escaped from Northern Ireland's Maze prison in 1983.
Artt was arrested in 1992 in San Diego and Kirby was arrested near San Francisco in 1994.
Another Maze escapee, Jimmy Smyth, was extradited to Britain in August after losing a four year legal battle to stay in the US.
Artt was serving a life sentence in Northern Ireland for murdering prison guard Albert Miles in November 1978.
The trial, before US District Judge Charles Legge, will include testimony from witnesses who have travelled from Northern Ireland and others who gave videotaped depositions.
Mr Brosnahan said Artt was convicted in a "trumped up case". He said a confession typed by the RUC was signed after five days of interrogation in 1981 and that was the only evidence against him. He said Artt was an "IRA wannabe" but said he was acquitted of IRA membership by a Northern Ireland judge.
Artt would suffer prejudice because of his religious and political beliefs if extradited, Brosnahan said. "We will ask you to find that Mr Artt should not be returned under the treaty to Northern Ireland," he told the judge.
Assistant US Attorney Mr Mark Zanides, representing the British government, denied the murder case against Artt was "trumped up" and said he would not be mistreated if sent back.
He said Artt, a taxi driver, came to the attention of Northern Ireland security forces between 1978 and 1981 because he was involved in driving away three people from a kneecapping.
Mr Brosnahan told Judge Legge he wanted to see the Stalker report, the confidential report of a British inquiry into allegations of a shoot to kill policy in the North. The British government refused to hand over the document during the Jimmy Smyth case.