GERMAN authorities seeking the extradition from this State of the Belfast actor, Mr James Anthony Corry, in connection with the IRA mortar attack on Osnabruck last June maintained he was "a British citizen" in their documentation.
However, realising that an Irish citizen cannot be extradited to Germany because of that country's refusal to extradite its own nationals, lawyers acting for Mr Corry filed his declaration of Irish citizenship on Tuesday to the Department of Justice.
The Minister acted immediately and, within hours, Mr Corry was released from Portlaoise Prison where he had been detained since November.
Under the Irish Nationality and Citizenship Act 1966. Persons born in Northern Ireland are entitled to declare themselves to be Irish citizens. Because the Extradition Act, 1965, provides that no Irish citizen can be extradited to a country without reciprocal arrangements, the Minister had no option but to order Mr Corry's release.
"The law is categoric. There was no discretion involved," a Government source said last night.
During its EU presidency, Ireland oversaw the signing by member states of an extradition convention last September. This lays down that extradition may not be refused on the grounds that the person claimed is a national of the requested member state.
However, this principle cannot be applied immediately because of the German and Austrian constitutions, both of which refuse to allow the extradition of their own nationals. There is, however, a mechanism in the convention whereby these constitutional reservations can be withdrawn after five years.
Irish authorities have the option of pursuing a prosecution against Mr Corry in Irish courts.
Mr Michael McDowell of the Progressive Democrats said yesterday that he had highlighted the loophole in extradition law years ago.
He said the principle of international law, known as Aut Dedere Aut Judicare - extradite or try - is laid down in the Extradition Act, 1965.
There was no evidence last night, however, that a prosecution was being immediately pursued by the Irish authorities. Nor is not clear if the gardai intend to take such action against Mr Corry The British government would not comment yesterday on the decision not to extradite.
A Downing Street spokesman said ministers had been informed of Mrs Owen's decision but added: "The case is a matter for the Irish and German governments.
However Mr Peter Bottomley, a former Northern Ireland minister, demanded a full explanation from the Irish Government, arguing that the decision not to extradite Mr Corry because of the absence of a reciprocal arrangement between Ireland and Germany suggested that the relationship between the two countries was "out of date".
Mr Andrew Hunter, the chairman of the Conservative Northern Ireland Committee, described the decision as "very, very disturbing".
Mr Kevin McNamara, a former Shadow Northern Ireland Secretary, said he had frequently argued for a Criminal Jurisdiction Act which would have prevented such a situation.
Unionists reacted angrily to Mr Corry's release. The DUP justice spokesman, Mr Ian Paisley Jnr, said the decision turned an Irish passport to "an immunity Thom prosecution".
He accused the Government of having a "gormless attitude", which had turned the Republic into a "hiding place for terrorists".
The Ulster Unionist Party security spokesman, Mr Ken Maginnis, said he would attempt to raise the matter in Westminster.