Judge looks for decision from British on status of jail escaper

The President of the District Court, Judge Peter Smithwick, has asked the authorities to establish whether their British counterparts…

The President of the District Court, Judge Peter Smithwick, has asked the authorities to establish whether their British counterparts are still seeking the extradition of Brixton Prison escaper Mr Nessan Quinlivan.

Yesterday, Judge Smithwick said it would be helpful to have a "yea or nay" in relation to the matter.

Mr Quinlivan has asked Judge Smithwick to rescind a warrant from British authorities for his extradition on charges including conspiracy to murder.

The 36-year-old from Ballynanty Beg in Limerick has been on bail of £70,000 since the High Court rejected his appeal against his extradition in April 2000.

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He is wanted in England on foot of four extradition warrants all dating from 1993.

He faces charges of conspiracy to murder the Whitbread Brewery chairman, Mr Charles Tidbury, conspiracy to cause explosions on dates before November 1990, escape from lawful custody and wounding with intent.

In July 1991, Mr Quinlivan and fellow IRA suspect Pearse McCauley escaped from London's Brixton Prison after a gun was smuggled into the prison in a shoe.

McCauley was later jailed for 14 years for the manslaughter in 1996 of Det Garda Jerry McCabe in Adare, Co Limerick.

Mr Quinlivan, who was previously described in court by a garda as "an essential cog in the IRA", is a known supporter of the peace process.

He argues he has been in a legal limbo due to the fact that the early release of prisoners does not deal specifically with those who are yet to be charged or are awaiting trial for offences committed before April 1998.

Mr Quinlivan yesterday asked Judge Smithwick to rescind the extradition warrants against him because the British authorities have declined to say if they still want him extradited in light of the Belfast Agreement.

His barrister, Dr Michael Forde SC, said that in the absence of any confirmation from the British authorities that they still wanted Mr Quinlivan's extradition, it would appear that they no longer wanted him.

Noting that the British authorities have indicated that the matter of extradition proceedings against people such as Mr Quinlivan "may perhaps" be dealt with by the end of March of this year, Judge Smithwick adjourned Mr Quinlivan's application until April.

He remains free on bail pending a ruling on the issue.