The Five Demands

L’ex membro dell’IRA era stato condannato per il tentato omicidio di un soldato dell’UDR fuori servizio

Gerry McGeough, 52 anni, sta scontando una pena di 20 anni per aver sparato a Samuel Brush, soldato UDR fuori servizio, nel 1981. McGeough è stato condannato anche per possesso di armi e appartenenza all’IRA.
I suoi avvocati hanno cercato di sostenere come la comunione di un figlio sia un caso eccezionare, ‘una pietra miliare’ per il bambino come sostenuto dal padre.
“Sarebbe del tutto nel suo interesse, se la fotografia sulla mensola del camino mostrasse il quadro completo della famiglia”.
I difensori di McGeough hanno sottolineato che il loro assistito si troverà a dover servire solo 2 anni di detenzione, sulla base di quanto sancito dall’Accordo del Venerdì Santo (Good Friday Agreement), ed anche in virtù delle “qualifiche eccezionali e degli incarichi di grande responsabilità rivestiti” sin dal tentato omicidio di Brush.
Tuttavia, Lord Chief Justice Declan Morgan, coadiuvato da Lord Justices Higgins e Coghlin, ha dichiarato che si sta parlando ancora di  “un prigioniero condannato” e che la vera cosa eccezionale “è che sta per uscire in due anni, nonostante il fatto che lui sia stato condannato per tentato omicidio”.

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Ex-IRA man refused release for son’s holy communion (BBC News Northern Ireland)
A former IRA man jailed for the attempted murder of an off-duty UDR soldier has been refused temporary release for his son’s first holy communion.
Gerry McGeough, 52, is serving a 20-year sentence for shooting Samuel Brush in 1981.
His lawyers argued that he was an exceptional case who merited compassionate bail.
It was claimed an unidentified SDLP councillor would escort McGeough.
His barrister Sean Devine also claimed McGeough was likely to be released in two years and had achieved “exceptional qualifications and held positions of great responsibility” since the events for which he was jailed last month.
He told the Court of Appeal: “Of all of the activity that took place prior to the Good Friday Agreement this particular applicant’s position is fairly unique.
“He benefits from formidable references from the very highest echelons of our society.”
Mr Brush, who worked as a postman at the time, was making a delivery near Aughnacloy, County Tyrone, when he was attacked in June 1981.
McGeough, from Dungannon, was convicted of his attempted murder, possession of a firearm and ammunition, and IRA membership.
He is set to appeal both the guilty verdict and sentence imposed.
Laws
Mounting his compassionate bail application, Mr Devine described the holy communion as a “huge milestone” for his client’s son.
“It would be entirely in his interests if the photograph on the mantelpiece showed the full family picture,” he said.
The barrister also claimed it was likely that McGeough would only serve a fraction of his sentence under the terms of the Good Friday Agreement.
He told the court: “Despite the seriousness of the offences he has been convicted of, and despite the awfulness of those offences, the fact remains he is going to be released in two years.”
However, Lord Chief Justice Sir Declan Morgan, sitting with Lord Justices Higgins and Coghlin, said he was still “a sentenced prisoner”.
“The exceptional thing is he is going to get out in two years despite the fact he’s been convicted for the attempted murder of a postman,” he added.
“The reason for that is the passage of legislation.”
Refusing the application, Sir Declan ruled that the hurdle of “exceptional circumstances” had not been cleared.
He added: “The fact that there is no evidence of harm likely to be caused by him does not deal with the fact that a sentence was imposed on him in relation to matters of retribution and deterrence (for) significant life-threatening activity.”