Gerry McGeough should be freed

SINN FÉIN STATEMENT ON CONTROVERSIAL CASE |  WESTON PARK AGREEMENT WAS BROKEN BY BRITISH

BY GERRY KELLY MLA

Sinn Féin Assembly spokesperson on Policing & Justice

WHEN Gerry McGeough was first arrested in March 2007, Sinn Féin called for his immediate release. We believed then, as we believe now, that he should not have been arrested and charged and that he should not have been detained in prison.

His local Sinn Féin MP, Michelle Gildernew, provided assistance for Gerry McGeough during the trial process.

Our position has not changed. When Gerry McGeough was convicted and sentenced, we were the only political party in the North to demand his immediate release. We remain the only significant political party to adopt this position.

The release of political prisoners sentenced for conflict-related actions carried out before April 1998 was agreed in the multi-party negotiations that led to the Good Friday Agreement. Responsibility for the release of prisoners rested with both the British and Irish governments.

The Agreement did not specify any minimum term that a prisoner must serve. However, it did anticipate that any ‘qualifying’ prisoners still in custody two years after the commencement of the early-release scheme would be released at that point.

However, the Irish Government failed to follow through on its commitment in respect of a number of men sentenced in their jurisdiction. These were obliged to serve the full sentences despite the public commitments given.

When Gerry McGeough was convicted and sentenced, Sinn Féin was the only political party in the North to demand his immediate release. We remain the only significant political party to adopt this position

In subsequent negotiations the Sinn Féin leadership raised the anomalous position relating to ‘On The Runs’ (OTRs) –– those who were away from home for many years due to the threat of arrest and who would have benefited from early release under the terms of the Good Friday Agreement had they been in prison.

The British and Irish governments agreed at Weston Park in 2001 to resolve this issue.

Paragraph 20 of the Weston Park Agreement states:

“Both governments recognise that there is an issue to be addressed, with the completion of the early-release scheme, about supporters of organisations now on ceasefire against whom there are outstanding prosecutions, and in some cases extradition proceedings for offences committed before 10 April 1998. Such people would, if convicted, stand to benefit from the early-release scheme.

“The governments accept that it would be a natural development of the scheme for such prosecutions not to be pursued and will as soon as possible, and in any event before the end of the year, take such steps as are necessary in their jurisdiction to resolve this difficulty so that those concerned are no longer pursued.”

The text of the above paragraph represents, in Sinn Féin’s view, an explicit and unambiguous commitment by the governments not to pursue a conviction against anyone, who would, if convicted, stand to benefit from the early-release scheme.

The agreement at Weston Park makes it very clear that Gerry McGeough should not have been pursued, arrested, convicted or imprisoned.

Although Gerry McGeough will become eligible to apply for early release in less than 12 months, he should not have been arrested and should not now be in prison.

Post-Weston Park, for their own narrow political interests, the British Government failed to honour this commitment.

Although Gerry McGeough will become eligible to apply for early release in less than 12 months, he should not have been arrested and should not now be in prison

In the years since this agreement, Sinn Féin has, where possible, sought to facilitate a clarification of who considered themselves to be OTR with regard to the possibility of arrest should they return home to the North. Where we were able to establish that an individual was not under any threat of arrest and prosecution, we conveyed this to them directly or indirectly via family members or friends.

Our understanding is that a small number of people remain OTR. This is unacceptable to us and is an outstanding issue we are determined to resolve.

Gerry McGeough has alleged that he was told by Sinn Féin that he was safe to return home. This is not the case. He has further recently alleged (5 January):

“There is a widespread informed belief that, as part of a secret deal between the Sinn Féin leadership, the unionists and the British Government, I was to be politically sacrificed. The Sinn Féin leadership desperately wants me to rot in silence in jail.”

There is no basis to any of these silly allegations. Nothing could be further from the truth. Senior party figures, including Gerry Adams, have publicly called for Gerry McGeough’s release from Maghaberry and his return to his family in Tyrone.

Sinn Féin delegations have met with Mr McGeough in prison to offer support and solidarity. Since his imprisonment we have consistently raised his case with both the British and Irish governments.

Let me be crystal clear so there is no room for ambiguity – Gerry McGeough should not be in prison. His conviction is conflict-related and he would clearly have been a qualifying prisoner under the Good Friday Agreement release scheme. The fact that he becomes eligible for release in around 12 months’ time is irrelevant to this discussion. He should be freed now.

Recently, Mr McGeough’s legal team have been in communication with me and I have made every effort to assist their ongoing legal bid to secure Gerry McGeough’s release. Our support for this action and for the wider political demand for his release will continue.

On the broader issue, we will continue to press both governments to use whatever mechanism is necessary to action the Weston Park commitment they entered into to resolve this issue.