Two men wanted in Northern Ireland to face charges relating to the murder of an RUC officer nearly 50 years will argue that a request for their extradition is an abuse of process, the High Court heard this morning.
John Edward McNicholl (72) of Newmills, Letterkenny, County Donegal and Seamus Christopher O'Kane (73) of Scalestown, Dunshaughlin, County Meath are wanted in the UK.
They face charges arising from an investigation into the murder of 25-year-old Constable Robert John McPherson in County Derry on July 26th 1975 and the attempted murder of a second constable.
Mr McNicholl is charged with murdering Constable McPherson and attempted murder, while Mr O'Kane is charged with possession of firearms, including an RUC-issued firearm taken during the ambush on Constable McPherson.
At the High Court on Wednesday morning, Mark Lynam SC, for Mr McNicholl, said his client has been in Ireland since 2003 but for reasons unknown, the UK made no effort to seek his surrender until now. Mr Lynam said he will be arguing that this is a "significant abuse of process".
John Berry BL, for Mr O'Kane, said he will also be making an objection on grounds of an abuse of process. Mr Lynam asked for time to put together all points of objection. Mr Justice Patrick McGrath adjourned the matter until July 10 for an update. A hearing will take place some time after that.
Independent TD for Donegal Thomas Pringle was present in court this morning. Mr Pringle put up an independent surety on behalf of Mr McNicholl at a previous court hearing.
Warrants for the arrest of both men were issued following a request by the Northern Ireland authorities earlier this year as part of an ongoing investigation into Constable McPherson's murder.
Constable McPherson was from Leck, outside Coleraine in Co Derry. He was shot dead in an INLA ambush in Dungiven Main Street around midday.
He was hit by a single shot when he and a colleague were ambushed as they investigated a report of a suspect car. His fellow officer was hit multiple times but survived.
Both Mr McNicholl and Mr O'Kane face four charges relating to the possession of explosives and firearms on February 16th 1976 at Garvagh, County Derry. The court heard that an RUC-issued firearm retrieved at that location had been taken during the ambush on Constable McPherson.
The extradition warrant relating to Mr O'Kane states that on May 5, 1976 he and others escaped from custody at the Maze prison in Northern Ireland prior to a decision being made to prosecute him for the four offences.
At a previous hearing of the High Court Detective Garda Tony Keane of the Garda Extradition Unit said that following a search of the premises at Garvagh in 1976, the RUC recovered two electric detonators, two improvised pressure mat switches, two Walther pistols, one Browning pistol, a 0.22 rifle, a Remington shotgun and 104 rounds of ammunition.
Detective Keane said the warrant issued by the Northern Irish authorities states that Mr O'Kane and two other males were found hiding in an upstairs bedroom in the property and were arrested.
The warrant continues that Mr O'Kane was interviewed on February 17 1976, where he made a full admission to possessing the explosive substances, firearms and ammunition recovered from the property at Brockaghboy in Garvagh.
Both men are on bail.
