THE German Federal Prosecutor's Office in Karlsruhe has said it never objected to Ms Roisin McAliskey being released on bail while her extradition to Germany is being considered.
Mr Peter Maure, the prosecuting lawyer in the case, told The Irish Times yesterday he had not been in contact with Britain's Crown Prosecution Service since the extradition request was made.
"We made no representations whatsoever about the conditions of Ms McAliskey's custody in Britain and the British authorities have never asked us what our position is.
"As soon as the extradition request was made, the entire process was in the hands of the British authorities," he said.
Pointing out that Germany had no authority to determine the terms of Ms McAliskey's custody in Britain, he said his office held no view on the matter.
"If they were to ask me, I'd have to say to them that they should do whatever is appropriate under their law - keep her in or let her out. It's not a question of whether I'm in favour of it or against it."
Mr Maure said his office had been "swamped" with letters of complaint about the conditions in which Ms McAliskey is being held, but he insisted he had no way of judging the accuracy of any of the accusations made.
If Ms McAliskey is extradited to Germany, a court would decide on the basis of medical reports whether she should be held in custody or granted bail.
Mr Maure claimed it would be possible for her to receive full medical treatment before and after the birth of her child, even if she were held in prison.
German law allows prisoners children to remain with them until school going age if, this is deemed to be in the child's interests.
Mr Maure declined to say if the prosecution would oppose bail if Ms McAliskey was extradited to Germany, but he said that because she has no means of support in Germany, granting bail would probably mean returning her home to Coalisland, Co Tyrone.
He said this could create difficulties in enforcing bail conditions.
