A 66-year-old man who is wanted in Northern Ireland for the murder of a part time member of the UDR in Co Armagh 45 years ago has appeared before the High Court today on foot of an extradition warrant.
The High Court heard on Monday that James Donegan, who had agreed to meet gardaíat Dublin Airport as he returned home from his holidays, told arresting officers: "I'm an innocent man."
Mr Donegan, of Bruce Manor, Arva, Co Cavan, is wanted by authorities in Northern Ireland for the murder of 64-year-old Joseph James Porter at Mountnorris, Co Armagh on a date unknown between June 22nd and 25th, 1979.
Mr Donegan is also wanted for a second offence of the possession of a firearm and ammunition with the intent to endanger life as well as belonging to a proscribed organisation, namely the Irish Republican Army.
Mr Donegan was arrested by detectives from the Garda Extradition Unit at Dublin Airport on Monday following the endorsement of a Trade and Cooperation Agreement (TaCA) Warrant issued by the Northern Ireland Authorities.
The extradition warrant states that Mr Porter's body was found close to the entrance of his farm at Creggan Road, Mountnorris on June 24th, 1979.
A post-mortem examination conducted that day concluded that Mr Porter had died of gunshot wounds to the head and trunk.
The warrant also states that prior to his death, Mr Porter had been a part-time member of the Ulster Defence Regiment (UDR).
Warrant
Outlining the three charges facing Mr Donegan before Mr Justice Patrick McGrath at the High Court on Monday, Detective Sergeant Adrian Murray of the Garda Extradition Unit said the warrant relates to the respondent allegedly committing the offences in June 1979.
Det Sgt Murray told Joanne Williams BL, for the Minister for Justice, that he arrested the respondent at Dublin Airport at 10.40am on Monday morning on foot of the warrant and cautioned him.
He said he had met Mr Donegan by way of appointment, introduced himself to the respondent and showed him his ID card.
He added the respondent agreed that his name was James Donegan.
Det Sgt Murray said he cautioned Mr Donegan, who replied: "I'm an innocent man."
The officer said he asked Mr Donegan whether he knew what the offences were about and he replied: "Yes, I guess so".
Det Sgt Murray said he was satisfied that the person named on the warrant was the person he arrested.
Under cross-examination, Det Sgt Murray agreed with Stephen Faulkner BL that the respondent was very compliant with him. "I tried to execute the warrant last week, but he was not at home, and he agreed to meet me once he was home from holidays," the detective added.
Bail
Mr Justice McGrath said it seemed that this was an appropriate case for bail.
Counsel for the Minister for Justice told the judge that an independent surety of €15,000 had been put up by a third party, who had given an undertaking not to reduce his bank balance under that amount. Det Sgt Murray said he was satisfied with the surety.
The detective agreed with Mr Faulkner that Mr Donegan is due to undergo heart surgery on July 8th.
Mr Donegan was granted bail on condition that he reside at his place of residence at Garvagh, Co Cavan, that he sign on three times a week at Cavan Garda station between 9am and 9pm, attend all court hearings, provide a mobile phone number to gardaí, which he must carry at all times, and not apply for any duplicate passport or travel documents.
Mr Justice McGrath remanded Mr Donegan on continuing bail until July 4th.
The second offence alleges that Mr Donegan had in his possession a firearm and ammunition, namely a Ruger mini 14 rifle, 5.56x45mm calibre cartridges and .30"-06 M2 AP calibre cartridges, with intent by means thereof to endanger life or cause serious injury to property or to enable another person by means thereof to endanger life or cause serious injury to property, contrary to section 14 of the Firearms Act (Northern Ireland) 1969, on a date unknown between June 22nd and 25th, 1979.
Mr Donegan is also charged with belonging to a proscribed organisation, namely the Irish Republican Army, contrary to section 21(1)(a) of the Northern Ireland (Emergency Provisions) Act 1978 on the same occasion.
