The Brixton escaper Nessan Quinlivan walked free from the Special Criminal Court in Dublin yesterday. The court was told that the Director of Public Prosecutions (DPP) was not proceeding with a charge of false imprisonment against him.
Quinlivan (31), of Knockalisheen Avenue, Ballynanty Beg, Limerick, had been charged with falsely imprisoning Mr Michael Lyons. The offence was alleged to have happened at Mr Lyons's home at Garryowen, Limerick, on August 25th last year. His trial did not proceed last month after the court heard Mr Lyons was in England and unavailable to give evidence.
State counsel Mr George Bermingham told the court yesterday efforts to locate Mr Lyons were continuing. He said the DPP was anxious the matter should be adjourned again. But Mr Justice Johnson, presiding, told him the DPP should either enter a nolle prosequi or else the court would grant Quinlivan bail. Mr Bermingham said the DPP would enter the nolle prosequi on the charge.
Quinlivan left the dock and shook hands with his solicitor, Mr Michael Farrell, before leaving the court.
He escaped from Brixton Prison in London with Pearse McCauley in July 1991. He is wanted in Britain for conspiracy to murder, to cause explosions, escaping from prison and wounding with intent.
The DPP also entered a nolle prosequi against two other men, Mr John Ryan (30), of Downey Avenue, Killalee, Limerick, and Mr Joseph Shanahan (45), of Athlunkard Street, Limerick. They had also faced charges of falsely imprisoning Mr Lyons.
Quinlivan was due to go on trial at the Special Criminal Court on November 12th accused of falsely imprisoning Mr Lyons in Limerick in August 1996, but the trial was adjourned after the court heard that the key prosecution witness, Mr Lyons, was not available to give evidence.
During a bail application on November 14th, Det Insp John Kerin said that Quinlivan was "an essential cog in the IRA". He said that Mr Lyons had been terrified of giving evidence against Quinlivan "through sheer fear of the IRA".
The inspector said Mr Lyons was now in London and had been paid £1,000 not to give evidence. Quinlivan had been in custody since September 1996 and was one of the prisoners released and then rearrested after it was discovered that Judge Dominick Lynch had served while no longer a member of the Special Criminal Court.
At the time of his arrest Quinlivan had been on High Court bail of £70,000 after Dublin District Court in December 1995 ordered that he and fellow Brixton prison escaper Pearse McCauley should be extradited to Britain.
Quinlivan had been at large since the escape from Brixton in July 1991. He was arrested near Nenagh in Co Tipperary on April 4th, 1993, when Special Branch detectives raided a house.
He was convicted at the Special Criminal Court in October 1993 of having a revolver and three rounds of ammunition, which were found by gardai in his trousers pocket, and was sentenced to four years' imprisonment.
He was freed from Portlaoise Prison in November 1995 as part of the Government's early-release programme for republican prisoners following the 1994 IRA ceasefire. But he was arrested within seconds of his release on extradition warrants.
The warrants allege conspiracy to murder former brewery chairman Sir Charles Tidbury, conspiracy to cause explosions in the UK, escaping from lawful custody and malicious wounding.
Quinlivan is now free on £70,000 bail awaiting his High Court appeal against extradition which is expected to be heard next spring.