FIVE convicted IRA terrorists, will be prosecuted for attempting to escape from Whitemoor prison in a shootout, a judge at the High's Court in London ruled yesterday.
In a 20 minute judgment, Mr Justice Maurice Kay rejected the argument of the five men and a convicted robber that they would not have a fair trial because of prejudicial press reporting about the September 1994 breakout.
Mr Justice Kay said he had read all the relevant newspaper articles and had examined hours, of television coverage of the six men's attempted escape, but although some of the reporting may have been in contempt of court, it would not prejudice their trial.
"The passage of time will help to have put these events out of the jury's mind. I am entirely satisfied that the defendants will receive a fair trial in September at Woolwich Crown Court," he said.
The five IRA men Paul Magee, Liam McCotter, Danny McNamee, Liam O Duibhir and Peter Sherry, who were jailed for a variety of offences ranging from murder and attempted murder to conspiracy to cause explosions and a sixth man, Andrew Russell, who is serving 10 years for robbery, are accused of breaking out of the prison armed with a variety of weapons, including two handguns.
Magee is also charged with causing actual bodily harm to a prison officer, who was shot during the breakout.
After reading a number of medical reports concerning the six men's physical and mental health, Mr Justice Kay ruled they were all fit to plead. All the men, apart from Magee, have been held in a secure unit at Belmarsh prison since the breakout and claim the conditions have left them feeling depressed and anxious.
"It is accepted that the men are fit to plead and that this submission is a novel one... I am entirely satisfied that the present regime will not prevent them from having a fair trial and that it is not an abuse of power and so it does not call for my intervention," he said.
In the case of Magee, who is serving a life sentence for murder, Mr Justice Kay added that he did not accept the argument that a further conviction would be rendered meaningless.
The six men's trial is scheduled to begin on September 16th.