Men wanted for alleged attempted murder of PSNI officer lose latest legal challenge

Two men wanted in Northern Ireland for the alleged attempted murder of a PSNI officer have lost their latest legal challenges ahead of an extradition hearing.

Dublin men Ciaran Maguire (29), of Kippure Park, Finglas South and Sean Paul Farrell (32), of Stannaway Road, Kimmage, are wanted in Northern Ireland for alleged attempted murder of a police officer and possession of explosive substances with intent to endanger life. Both men face life imprisonment on both counts if found guilty.

The Court of Appeal dismissed the men’s latest legal challenge yesterday, (Friday), and lawyers for the Minister for the Justice indicated that they will apply for an early extradition hearing in the coming weeks.

Giving judgment on the case, Ms Justice Isobel Kennedy said an Improvised Explosive Device was found under the car of a serving PSNI Officer in Co Derry on June 18, 2015.

According to a European Arrest Warrant, the officer's wife, also a serving PSNI Officer, awoke in the early hours of June 18 and looked out her bedroom window and saw a male in the driveway on the ground at the driver's door of her husband's car.

The male in the driveway appeared to be working on something underneath the car which was subsequently confirmed to be an Improvised Explosive Device (IED), according to the warrant.

“That same night,” Ms Justice Kennedy said Mr Maguire and Mr Farrell were arrested in Co Donegal on suspicion of membership of an unlawful organisation. Their clothing was seized and other samples were taken before they were released without charge.

The men’s lawyers brought judicial review proceedings over an alleged failure by gardaí to provide them with information and records following their arrest in Co Donegal. They sought copies of the custody record from the Garda stations in which they were detained, copies of any statements made or taken, as well as details on any samples taken from them.

Counsel for Mr Maguire, Kieran Kelly BL, claimed the purpose of his client’s arrest was to "generate evidence". He submitted that his client’s prosecution in Northern Ireland was “predicated on alleged evidence obtained” during his detention in Letterkenny garda station and that he was entitled to the material.

However, Ms Justice Kennedy said their arguments were "entirely speculative” as they had not shown what breaches actually occurred.

She said the men’s lawyers had not demonstrated an explicit and unambiguous duty on the part of the gardaí to provide the material in advance of the extradition proceedings. She said recordings of police interviews could only be provided by direction of a court.

The trial judge had found there was no entitlement “as of right” to be provided with the material, “and I agree,” Ms Justice Kennedy said.

Counsel for Mr Farrell, Giollaíosa Ó Lideadha SC, asked the court for time to consider the full judgment.

Counsel for the Minister for Justice, Tony McGillicuddy BL, told the court that the alleged offences involved attempted murder and the State was bound to move extradition proceedings in a timely manner.

He said the Minister would be applying for a date on Monday, November 11 for the hearing of the extradition request.