The High Court yesterday rejected a "somewhat hasty" application by the Attorney General to revoke bail granted to Brixton prison escaper, Nessan Quinlivan, pending the determination of extradition proceedings against him.
However, Quinlivan remains in custody pending the outcome of a continuing High Court inquiry into the lawfulness of his detention on a charge of false imprisonment. That inquiry, ordered following last week's Supreme Court ruling that the offence of false imprisonment under common law no longer exists, is expected to conclude today.
The Supreme Court will also deliver its judgment today on a separate appeal by Quinlivan, against a High Court decision upholding the lawfulness of his detention in the context of last November's controversy over the wrongly constituted Special Criminal Court.
Quinlivan (31), of Knockalisheen Avenue, Ballynanty Beg, Limerick, is in custody awaiting trial at the Special Criminal Court next Wednesday on a charge of falsely imprisoning Mr Michael Lyons at Garryowen, Limerick, on August 25th last year.
His extradition to Britain was also ordered by the District Court in December 1995 and he is appealing that decision to the High Court. He is wanted in Britain on warrants alleging conspiracy to murder, conspiracy to cause explosions, escaping from prison and wounding with intent.
In court yesterday, Mrs Justice McGuinness said the Attorney General had seen fit to make a "somewhat hasty application" to revoke Quinlivan's bail in relation to the extradition proceedings.
The State had clearly realised that Quinlivan would be freed were she to find in his favour in the continuing High Court inquiry into the lawfulness of his present detention on a false imprisonment charge.
The judge said she did not doubt the bona fides of two Garda witnesses who had given evidence that it was their view, based on confidential information from two senior IRA members and one nonsubversive, that Quinlivan would abscond before his extradition proceedings were determined.
But she was also bound to treat the information given to the two gardai with care - it had been given a year ago and matters had changed since then.
She said evidence had been given that the IRA has access to false passports but there was no evidence that Quinlivan had had false documents at any stage. She could not ignore the fact that the Director of Public Prosecutions had contemplated charging Quinlivan with IRA membership but had not proceeded with that charge.
Mrs Justice McGuinness said the courts place a high value on the liberty of the citizen and refuse bail only for very grave reasons. She must also give some weight to a previous High Court decision granting bail to Quinlivan in relation to the extradition proceedings. On that occasion, the court had heard evidence of the seriousness of the charges and the sentence Quinlivan was likely to face if convicted.
Having taken all this into account, she was refusing the Attorney General's application to revoke bail in regard to the appeal against extradition.
The court heard Quinlivan had honoured his bail conditions and remained on bail until October 1996 when he was arrested on a false imprisonment charge. He was refused bail on that charge and has been in custody - on that charge - since October last year.
The High Court inquiry into whether Quinlivan's detention on the charge of false imprisonment is unlawful was interrupted by the application to revoke bail.
Making the application, Mr Gerard Hogan SC, for the Attorney General, said he recognised it was "a very unusual and surprising intervention" on the part of the Attorney.
Mr Hogan called evidence from the former governor of Brixton Prison, Mr Lesley Hill, who told the court he witnessed Mr Quinlivan and Mr Pearse McCauley escape from the prison on July 7th, 1991.
Det Supt William Emerton of the Anti-Terrorist Branch, New Scotland Yard, said he was familiar with Quinlivan and with the case against him in Britain.
It was his belief that Quinlivan was a member of an IRA active service unit in Britain between early 1990 and the time of his arrest in October 1991. He agreed with Ms Mary Ellen Ring, for Quinlivan, that another man had been tried on similar conspiracy charges to those against Quinlivan and had been acquitted.
Det Insp John Kerin, based at Henry Street garda station in Limerick, said he was familiar with Quinlivan. He had received information from two senior IRA members between October 16th and November 12th 1996. Both persons had said they believed Quinlivan would abscond before the extradition proceedings were decided.
The witness agreed with Ms Ring that membership of the IRA is a criminal offence and that he was asking the court to rely on information from people who could be criminally prosecuted. He said he treated the information on Quinlivan very seriously.