A magistrate in London indicated yesterday that he would have extradited Ms Roisin McAliskey to Germany to face trial in connection with the IRA mortar attack on a British army base in Osnabruck in June last year, but that he "cannot" commit her in her absence.
Ms McAliskey's mother, Bernadette, the former Mid-Ulster MP, said her daughter "cannot get out of the magistrates' court. Because of her health we are anxious to have this issue resolved. The hospital doctors have insisted she is not exposed to further traumatic triggers. She will not be present in this court".
Minutes earlier, inside Bow Street Magistrates' Court, Mr Nicholas Evans said that on the basis of the extradition order in front of him "were Roisin here I would commit her. I take the view that she is not and I cannot". Noting that psychiatric reports from the Maudsley Hospital, where Ms McAliskey is receiving treatment and living with her daughter, Loinnir, Mr Evans asked if it would be "less stressful" for her to appear in court for "less than five minutes".
At that point, while Mr Evans considered the medical evidence, Mrs McAliskey leaned forward and said: "She's not coming."
Seeking clarification on whether he considered he "could not" or "would not" agree to commit, Mr Evans told Mr Edward Fitzgerald QC, representing Ms McAliskey, he was "not prepared to commit in her absence". A further extradition hearing was set for October 9th.
Outside the court, Mrs McAliskey appeared upset. She said she did not believe the magistrate had a "clear concept of the problem". The decision not to commit her daughter, she said, would prove to be a "setback" in her recovery from post-traumatic stress and would delay moving to an appeal to the High Court or to the Home Secretary, Mr Jack Straw.
Earlier, counsel agreed that Mr Evans did have the jurisdiction to agree to commit Ms McAliskey in her absence because she had given her consent and was legally represented in court. Appearing for the German government, Mr James Lewis said the "logistical problem" of Ms McAliskey's non-attendance could be overcome and that both sides were "very keen" to proceed. Present legislation, he said, excused Ms McAliskey from the court and she could be committed in custody on bail.
Mr Fitzgerald said he had "no opposition" to commit in custody. A change in the extradition law, Mr Fitzgerald said, prevented him from arguing that there was no prima facie case to answer. "Had it not, we would. Ms McAliskey has maintained her innocence throughout." Appearing in court, he insisted "would be detrimental to her health".
A summary account of the German warrant of arrest was then read out in court. It contained four charges including conspiracy to murder, possession of explosives, conspiracy to cause explosions and conspiracy to cause criminal damage to buildings.
Three other men, two of whom are thought to be living in Ireland, were named on the warrant.
The warrant said Ms McAliskey had been identified from photographs by German witnesses who saw her in a holiday home rented by a group of Irish men and women near the army base. Two of her fingerprints had also been found on scraps of packaging found at the holiday home.
The warrant said Ms McAliskey and the others named had "directly prepared" the attack at Osnabruck.