SEI INDAGATI VINCONO L’APPELLO ALLA HIGH COURT
Sei degli indagati per gli attentati in Irlanda del Nord delle scorse settimane (base armata di Massereene e Craigavon), hanno vinto l’appello alla High Court, contro la richiesta di proroga del periodo di dentenzione presentata dal PSNI.
Questa sentenza potrebbe essere ora un pericolo precedente per la legge anti-terrorismo varata dal governo britannico, che prevede fino a 28 giorni di internamento preventivo.
Barry Macdonal, in rappresentanza dei sei indagati, ha sostenuto che il County Court Judge aveva omesso di fornire le ragionii per cui si sentiva la necessità di detenere ulteriorimente i sospetti.
Ora il PSNI ha tre alternative: formalizzare le accuse, oppure rilasciare i sospetti, oppure rilasciare i sospetti procedendo poi al loro ri-arresto.
Shooting suspects win court challenge (4 U Tv)
Six suspects questioned over the murder of security force members in Northern Ireland have won a High Court challenge against their continued detention.
Police must now decide whether to charge them or set them free from their cells in Antrim police station.
In a ruling that may have implications for UK anti-terror laws which provide for 28-day detention, a judge in Belfast upheld the legal challenge by the six.
The suspects had been held since March 14, and at the weekend a judge granted a police application to have their detention extended for a further seven days as they were still awaiting the results of potentially vital forensic tests at the crime scenes.
Their lawyers challenged this extension and on Wednesday Northern Ireland Lord Chief Justice Sir Brian Kerr quashed the original ruling on a legal technicality.
He ruled that the judge, while making her deliberations, had not taken into account whether the suspects` original arrest had been lawful.
Mr Kerr did not himself question the lawfulness of those arrests but said the judge who granted the extension should have examined the issue.
On that basis he upheld the defence team`s claim that the decision should be reversed.
Four of the suspects, including Duffy, have been questioned about the Real IRA shootings of Sappers Mark Quinsey, 23, and Patrick Azminkar, 21, outside Massereene Army barracks in Antrim on March 7.
The other two were arrested in connection with the murder of Constable Stephen Carroll, 48, by the Continuity IRA in Craigavon, Co Armagh two days later.
At the the weekend an extension was granted under the 2006 Terrorism Act which allows police to hold suspects for up to 28 days before they must be formally accused or released.
A three judge panel headed by Lord Chief Justice Sir Brian Kerr was told that one of the suspects, who apart from Duffy have all been granted anonymity, is now receiving medical attention in custody.
Barry Macdonald QC, for the six applicants, claimed that County Court Judge had failed to address and give reasons why she felt it was necessary to further detain the suspects.
Due to the urgency of the case a further claim that it breached their right to liberty under the European Convention on Human Rights was set aside to allow a full hearing to proceed.
Police holding the suspects can now either charge them in relation to the killings, release them without charge or release them and then immediately re-arrest them.
Outside the court, senior investigating officer Derek Williamson said:
“We will now have to go and look at all our options.”