Brixton Prison escaper Mr Nessan Quinlivan has every reason, if extradited to Britain and imprisoned there, to expect he will be released in July 2000 under the terms of the Belfast Agreement, an affidavit submitted yesterday to the High Court on his behalf claimed.
In response, counsel for the Attorney General said there were implications as to what was meant by the agreement and the matter would have to be faced up to.
Mr Quinlivan (33), Knock alisheen Avenue, Ballynantybeg, Limerick, is appealing a a District Court order for his extradition which was made in December 1995. He is on bail and was in court yesterday.
He is wanted in Britain on warrants alleging conspiracy to murder, conspiracy to cause explosions, escaping from Brixton prison and wounding with intent. The appeal was listed to open before Mr Justice Geoghegan yesterday and was expected to run for a week. But it was adjourned after it was stated a new affidavit had been prepared by Mr Quinlivan's side and that the State needed time to consider its response. The case has been listed for mention next Tuesday but may not get a date for hearing until the autumn.
Yesterday, Dr Michael Forde SC, for Mr Quinlivan, said an additional affidavit had been sworn by his client's solicitor, Mr Michael Farrell, yesterday. It did not raise any controversial matters of fact.
But the affidavit submitted that under the Belfast Agreement Mr Quinlivan would have every reason to expect he would be released in England in July 2000 if extradited.
In that context, it would be a "fruitless" exercise going through the process of an extradition trial and sending Mr Quinlivan back to England, it was submitted.
Mr Edward Comyn SC, for the State, said there were implications as to what was meant by the agreement and the matter had to be faced up to. The Attorney General was seeking time. He would need time for consultation.