The President of the District Court has ordered that the State should get a definitive answer from the British on whether they are still seeking the extradition of a Brixton Prison escapee.
On January 21st, the escapee, Nessan Quinlivan, had asked Judge Peter Smithwick to quash a warrant from the British authorities, as they had not been actively pursuing his extradition.
Dr Michael Forde SC asked Judge Smithwick to rescind the warrant for his client's arrest because the British authorities had declined to say if they still wanted him extradited.
He said his client was in a limbo state because the early release of prisoners allowed for in the Belfast Agreement did not necessarily deal with people charged with, or facing trial, for offences committed before April 1998.
Judge Smithwick said that it would be helpful if the court had a "yea or nay" in relation to the matter.
He then adjourned the case to yesterday to get confirmation from the UK that Mr Quinlivan's extradition was still being sought.
At that hearing, it was also noted that the British authorities had indicated proceedings against people such as Quinlivan might be dealt with by March. Quinlivan (36), from Limerick, who has been described in court as an "essential cog in the IRA", has been on bail since the High Court rejected his appeal against extradition in April 2000.
He faces charges of conspiracy to murder Whitbread Brewery chairman Mr Charles Tidbury; conspiracy to cause explosions on dates before November 1990; escape from lawful custody; and wounding with intent.
Mr Quinlivan and Pearse McCauley escaped from Brixton in July 1991. McCauley was later sentenced to 14 years imprisonment for the 1996 manslaughter of Det Garda Jerry McCabe in Adare, Co Limerick.
At yesterday's hearing Ms Isobel Kennedy, for the State, opposed the application and asked to have the case adjourned. "The UK authorities say that the warrants are still outstanding," she added.
Mr Richard Humphreys, for Quinlivan, agreed that the warrants were outstanding but said the State had had two months to make inquiries to see if the extradition was still being pursued. He said a letter to the British attorney general would have been sufficient to find out.
He said that there was a series of statements, including some from the House of Commons, indicating that the British authorities were not pursuing the matter.
Judge Smithwick said Mr Humphreys was putting him in the position that he must read from the minds of the British government.
Directing that what he said should be conveyed to the attorney general of England and Wales, Judge Smithwick said that if there was no opposition, then he would allow the application that the warrants were no longer required.
He adjourned the case to a date in June.