W2E-003 Ulster editorials 3-4.txt
VIEWPOINT

Plugging loopholes

IRISH JUSTICE: New extradition machinery must be made to work

THERE is no more depressing sight, for anyone hopeful of better relations between Northern Ireland and the Republic, than that of IRA or INLA murder suspects walking free from Dublin courts. It happened again yesterday, when extradition proceedings failed against an Armagh man, wanted in connection with the murder of an army careers officer in Derby two years ago.

No evidence was offered, for the simple reason that last month an attempt to extradite another Armagh man, also an INLA suspect, came to nothing. The judge then held that the murder of the Army sergeant was "political" - and in any case there could not be a fair trial because of prejudicial newspaper publicity.

The Irish state has been saved some legal expenses, but at what a cost to confidence in its ability to deal seriously with the threat of terrorism in another European Union member state. Until new legislation, closing the massive loopholes in the present extradition law, is in place, even those who carried out the mortar attacks on Heathrow would presumably be protected. The law will not be retrospective.

The UK has been too tolerant, for too long, of the interminable delays in tightening extradition arrangements. There was an attempt to address the problem as long ago as 1973, in Sunningdale, but substitute measures like extra-territorial courts, where suspects can be tried in the Republic for offences committed in the UK, are generally unsatisfactory.

In the past, technical mistakes were made by the British authorities in extradition warrants, which resulted in several failures. This has largely been overcome, but the problem is that the Irish adopted the European Convention on Terrorism - despite warnings - and now have to amend it to eliminate the plea of a "political" motive.

The fear must be that even when the law is changed, it will still be possible for the defence to argue that adverse media publicity has ruled out a fair trial. The media must be encouraged to exercise more restraint, but it is impossible to avoid speculation when attacks which kill or endanger hundreds of lives occur. Just because of past events, the Irish judiciary should not assume that terrorist suspects will not get a fair hearing. Otherwise the extradition machinery now being put in place will be a sham, and Anglo-Irish cooperation seen as a one-sided exercise.
