The arrest at a Northern Ireland election count centre of an independent republican candidate accused of attempted murder was an abuse of the democratic process and a return to the dark ages of political policing, his lawyer said in court yesterday.
He said that police relied on evidence gathered in 1994 and statements from two witnesses to charge Gerry McGeough (46) and Vincent McAnespie (44) with attempting to shoot dead a part-time Ulster Defence Regiment soldier in June 1981.
McGeough, a Sinn Féin defector who last week stood unsuccessfully for election to the Assembly, and McAnespie, husband of a Monaghan Sinn Féin councillor, were arrested within an hour of each other last Thursday.
McGeough's lawyer told Enniskillen Magistrates Court: "It shows that the evidence in this case is completely untenable, it is a political prosecution.
"[ The investigating officer] knows that there is no evidence from 1994 and that there is no case.
"If there was no case in 1994, and there was no case in 1981, then there is no case today."
Standing in the Fermanagh and South Tyrone constituency, McGeough, of Carrycastle Road, Gortmerron, Dungannon, in Co Tyrone received 814 votes.
He was arrested when he left the Omagh counting centre.
McAnespie, from Aghabo Close, Aughnacloy, Co Tyrone, was arrested near his home.
Both men deny three charges of attempting to murder former soldier Sammy Brush - now a Democratic Unionist Party councillor in Co Tyrone - conspiracy to murder and possession of two revolvers and ammunition with the intent to endanger life.
Det Chief Insp James Harkness said he believed he could connect both accused with the charges. "I became aware that Mr McGeough was in Omagh on March 8th, 2007 and as a result of that I conducted an arrest," he said.
"There was a communication received in 1995 from the Director of Public Prosecution that should Mr McGeough come to Northern Ireland he should be arrested."
The suspects were quizzed extensively at Antrim Serious Crime Suite.
McAnespie's lawyer John Fahy said the police were relying on two witness statements compiled relatively recently to charge his client.
"This is the whole evidence which links these men to the charges against them . . . It appears to me to be a throwback to very dark days which we thought were gone."
He added that McAnespie, husband of Sinn Féin councillor Brenda McAnespie and brother of Aidan, who was shot dead by the security forces at a check point in Aughnacloy, had been instrumental in pushing the peace process forward and was well respected in the local community.
Both men were remanded in custody to appear at Dungannon Magistrates Court on April 4th. - ( PA )