Northern Ireland

Bail terms varied for John Downey pending extradition case

John Downey, pictured at an earlier court appearance, had his bail restrictions varied yesterday
John Downey, pictured at an earlier court appearance, had his bail restrictions varied yesterday John Downey, pictured at an earlier court appearance, had his bail restrictions varied yesterday

A MAN wanted for the murder of two Ulster Defence Regiment soldiers in Enniskillen in 1972 had his bail conditions varied in court yesterday.

Authorities in Northern Ireland are seeking the surrender of John Downey (66) to face prosecution for the murder of Lance Corporal Alfred Johnston and Private James Eames as well as aiding and abetting the causing of an explosion on August 25, 1972.

Mr Downey was arrested in November at his home in Ards, Creeslough, Co Donegal on foot of a European Arrest Warrant and told detectives he believed "it was the DUP and not the DPP" who decided to prosecute him.

Mr Downey’s lawyers applied for relaxed bail conditions yesterday with his barrister Tony McGillicuddy BL, telling the court his client had to travel two hours every day to sign on at Letterkenny Garda station and spending a lot of money on petrol.

High Court judge Ms Justice Aileen Donnelly said bail conditions were not supposed to be "punitive" and reduced his signing on conditions to three days a week.

Mr McGillicuddy asked the court to make a recommendation for legal aid.

The judge said Mr Downey’s pension appeared to be "reasonably modest" and indicated a recommendation would be made later.

Mr Downey stood trial in London for the 1982 Hyde Park bombing which killed four soldiers.

The trial collapsed in 2014 over a letter sent to him and other alleged republican paramilitaries telling them they were not wanted for prosecution of crimes committed during the Troubles.

Mr Downey is the first so-called 'on-the-run' republican to be charged with offences since the scheme was found by a House of Commons committee to have "distorted the process of justice".

His lawyers are also seeking disclosure of information that was before the Central Criminal Court in London.

Material was disclosed to Mr Downey’s solicitor in London, Ms Gareth Pierce, referring to the 1972 events and 1982 Hyde Park bombing, but on the assurance it would only be held by her.

She was to return it at the end of the criminal proceedings, which she did.

Mr McGillicuddy said Mr Downey had filed an affidavit stating he is aware a "review" took place between 2007 and 2013 which found there was insufficient evidence for the 1972 matter to go to trial.

Counsel said Mr Downey believes there is a document from the Northern Ireland Historical Enquiries Team in the PSNI, setting out the difficulties in bringing a prosecution in relation to the 1972 events.

Mr McGillicuddy said an objection to Mr Downey’s surrender would be made under Section 39(2) of the European Arrest Warrant Act where, it is contended, Mr Downey is immune from prosecution by virtue of an amnesty or pardon.

He said arguments would be made about an "abuse of process" and his client had a "legitimate expectation" no proceedings would be issued.

The extradition hearing is scheduled for January 28.