A 66-year-old Belfast man, charged with attempted murder, has been granted leave to challenge a court direction that his medical records while in an Irish prison be handed over to the Public Prosecution Service of Northern Ireland.

Michael Burns, one of the people known as “on the runs”, has been charged in the North with the attempted murder of off-duty prison officer John Carlisle in Belfast 37 years ago and with possession of a firearm with intent to endanger life.

The High Court in Dublin yesterday heard that District Court Judge John O’Neill had ordered the handing over of all medical prison records “showing or tending to show” that Burns had suffered a gunshot wound to either of his hands prior to his imprisonment in the Republic in November 1977.

Medical evidence
Barrister Siobhán Ní Chulacháin told the High Court that Judge O'Neill had overruled argument against the making of his order on the basis that Mr Burns could challenge such medical evidence if it was to be used at his trial in the UK.

Burns’ solicitor Michael Finucane said in an affidavit that on April 1st Judge O’Neil had refused him an adjournment of the Northern Ireland prosecution application to allow him prepare legal argument on behalf of Mr Burns.

Mr Finucane said the criminal charges against Mr Burns had been stayed by the Northern Ireland High Court which had been asked to prohibit their continuation on the basis of assurances from the UK Government that he was not wanted for arrest, questioning or charge by the PSNI.

He said a letter to Mr Burns in 2003 had confirmed that he was free to return to Northern Ireland to live without fear of arrest

No consent
Mr Finucane said the request from the Public Prosecution Service of Northern Ireland had been made under the Criminal Justice (Mutual Assistance) Act of 2008 and Mr Burns did not consent to the release of his medical records.

He said the Mutual Assistance Act provided that assistance “shall be refused” if there were reasonable grounds for believing it would contravene the European Convention on Human Rights.

Mr Finucane stated that Judge O’Neill had declined to consider whether there was a breach of such rights and had directed that the medical records in question be handed over to the PPS today.

Ms Ní Chulacháin told Ms Justice Bronagh O’Hanlon that Mr Burns was seeking to quash Judge O’Neill’s order and was looking for a declaration that his refusal to adjourn the application was in breach of fair procedures.

Ms Ni Chulachain said Mr Burns was also seeking declarations by the High Court that provision of the medical records would breach his European Convention rights and his constitutional right to a fair trial. He would be looking for an order prohibiting the release of the records.