Judge claims ‘public interest’ in extraditing escapees

Two men who escaped from Long Kesh jail in a dramatic tunnelling breakout nearly 50 years ago are set to be extradited into British jurisdiction.

At a High Court hearing on Thursday, a judge denied the two men, both in their mid 70s, would not receive a fair trial in the north of Ireland.

In May 1976, a Colditz-style ‘great escape’ by nine republicans was the first successful major breakout in the history of the H-Blocks.

Avoiding rearrest, John McNicholl escaped to Philadelphia, but after a legal battle was deported to Ireland and now lives in Donegal.

Seamus O’Kane, who is settled in County Meath, also faces charges from an investigation into an INLA (Irish National Liberation Army) action in 1975, in which a member of the Crown Forces died.

At the High Court last year, Mark Lynam, acting for Mr McNicholl, said his client had been in the 26 Counties since 2003 and the British government had made no effort to seek his surrender before now.

Mr Lynam argued that this was a “significant abuse of process” and pointed out that Mr McNicholl is now a frail man with severe health problems.

John Berry, acting for Mr O’Kane, said he was also making an objection on grounds of an abuse of process. He said the delay in the British authorities seeking his client’s extradition has not been adequately explained.

Following a failed extradition attempt in 1978, Mr Berry said his client “got on with his life” and had been living normally and unexceptionally in Meath for nearly half a century.

In delivering judgment this week, the judge, Justice McGrath, claimed that in the case of both men, extradition would not be a breach of their family rights, and claimed neither man had anything for fear from British justice.

“There is no basis to suggest [they] will not receive a fair trial in Northern Ireland,” he said.

He went on to say that there was a “public interest” in the 26 County state honouring its extradition treaties, and made an order for the men to appear on April 3 for the purpose of their extradition.

The ruling comes as protests have been increasing over a new push by the British and Irish authorities to extradite Irish republicans.

Despite legacy legislation passed at Westminster in 2023 designed to bring an end to conflict-related prosecutions for members of the British Crown forces, 61-year-old Lurgan man Martin McCauley was extradited to the north of Ireland in January.

Another republican, 66-year-old Jim Donegan, who is in recovery from heart surgery, is currently appealing a separate extradition order.

Another man, 56-year-old Sean Walsh, is currently being held at Portlaoise prison from where he is contesting another extradition bid through the European courts.

Urgent Appeal