24 January 2002 Edition

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Quinlivan seeks freedom

Brixton escaper Nessan Quinlivan was back in court on Monday, this time to ask District Court Judge Peter Smithwick to throw out the order for his extradition to Britain. Counsel for Quinlivan, Michael Forde, argued that a joint statement from the London and Dublin governments in October last in which the British pledged to address the question of those against whom prosecutions and extradition proceedings remained. The following day, said Forde, Secretary of State John Reid had reiterated this intention to deal with the issue by March 2002.

Solicitor for Quinlivan Michael Farrell told the court of cases in which extradition proceedings had already been withdrawn. Forde argues that on the basis of probability, there was every indication that the British authoreities were no longer seeking Quinlivan and petitioned Smithwick to rule accordingly.

State counsel Isobel Kennedy opposed the motion, arguing that there had been no indication from the British "that they do not require Mr Quinlivan" and that the state had received no indication that the extradition will not be pursued.

Judge Smithwick, noting the British government's own deadline of March 2002 to dispose of such cases, adjourned the case until 8 April.

Judge Smithwick added that it "would be helpful if the authorities in England would give a clear yea or nay" in the interim.

Nessan Quinlivan is currently awaiting a Supreme Court appeal against the extradition order but the case was removed from the Court's list last year in anticipation of the warrant being withdrawn, the court heard.


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