The State will no longer pursue the extradition to Northern Ireland of two Belfast prison escapers, the High Court was told yesterday. Angelo Fusco and Paul "Dingus" Magee had been sought to serve life sentences for murdering an SAS captain in Belfast in 1980.
Both men had argued they were "qualifying prisoners" for the early release scheme under the Belfast Agreement and the State's decision yesterday may have implications for other republicans facing extradition to Northern Ireland or Britain.
In light of the State's new position, set out by Mr Maurice Collins to Mr Justice Finnegan, the court orders for the extradition of both men are expected to be discharged on November 29th.
The court was told the three-week period was for the British Attorney General to formalise in writing what he had already told the Irish Attorney General - that the Northern Ireland authorities will not be pursuing the men's extradition.
Yesterday's development arises out of a policy statement of September 29th by the Northern Secretary, Mr Peter Mandelson, which was exhibited in an affidavit by Mr Michael Farrell, Mr Fusco's solicitor. In that statement, dealing with the position of prisoners under the Belfast Agreement, Mr Mandelson said: "It is clearly anomalous to pursue the extradition of people who appear to qualify for early release under the Good Friday agreement scheme, and who would, on making a successful application to the sentence review commissioners, have little if any of their original prison sentence to serve."
He added: "In view of this and the time that has elapsed, I do not believe it would be proportionate or in the public interest to continue to pursue such cases."
In another affidavit in Mr Fusco's legal proceedings, Mr Thomas Hanna Haire, deputy director of prison policy in the Northern Ireland Prison Service, expressed no view as to whether Mr Fusco was a qualifying prisoner under the Belfast Agreement but said if he was recognised as a qualifying prisoner, he would be liable to serve 11 months in custody in Northern Ireland before his release.
However, Mr Haire also stated that, if he was accepted as a qualifying prisoner, the Northern Secretary would release Mr Fusco on licence "as soon as practicable".
Mr Fusco, a native of Belfast, was in court for yesterday's hearing and said afterwards: "I'm relieved it's over, this has been going on for 20 years." Mr Fusco said he would continue to live with his wife and family in Tralee and to work politically for Sinn Fein in the area.
A life sentence was imposed on Mr Fusco in his absence in June 1981 for the murder of British SAS Captain Herbert Westmacott in 1980. Two days before sentence was imposed Mr Fusco escaped from Crumlin Road prison.
In June 1982 he was arrested in Tralee and sentenced to 10 years' imprisonment. In 1998 the Supreme Court affirmed District Court extradition orders, but Mr Fusco was not arrested by gardai until January this year, at a road checkpoint in Castleisland.
In High Court proceedings Mr Fusco had claimed that the State's failure to enforce the extradition order within a month of the Supreme Court's decision meant the Government had effectively abandoned any serious attempt to enforce the order. Mr Fusco has been on bail pending the outcome of his proceedings.
Paul Dingus Magee (51), also with an address in Tralee, was sought by the Northern authorities under an 11-year-old District Court order for his extradition, to serve two life sentences for murdering Capt Westmacott and for trying to kill British soldiers. He escaped with Mr Fusco.
He was later arrested and jailed in the UK and after six years was moved to prison in the Republic. He was released temporarily from Portlaoise Prison last December but was arrested by gardai in March in Co Kerry. He has been on bail pending the outcome of his challenge to the legality of his detention. Mr Magee was not in court for the hearing yesterday.
The two men had argued they were living openly in Tralee for some time before their arrests this year.
When the Fusco case came before Mr Justice Finnegan yesterday, Mr Michael Forde SC, for Mr Fusco, said the matter was put in for the State to indicate what attitude it was taking.
Mr Maurice Collins said he had just received instructions that morning. The UK Attorney General had told the Irish Attorney General that the Northern authorities would not seek Mr Fusco's or Mr Magee's return. The State was seeking written confirmation of this.
Mr Justice Finnegan said Mr Forde could take it the order counsel sought would be made in three weeks' time. His strong determination was to deal with it finally.
The judge varied Mr Fusco's and Mr Magee's bail conditions so they do not have to report daily to the gardai.
