5 POWS RICORRONO ALLA CORTE SUPREMA CONTRO LA PSNI
Dissidents back in jail after judicial review (UTV)
Five dissident republican suspects have gone back to prison after they challenged police moves to take them directly for questioning about other terrorist offences.
The men launched High Court proceedings following their transfer from Maghaberry Prison to Antrim Serious Crime Suite.
They are currently being held on remand in Roe House, along with other republican prisoners.
But on Wednesday the men were taken out of the prison to be interviewed in connection with allegations of preparing for acts of terrorism.
Police lawyers say the PSNI were granted permission to have the men taken out of Roe House.
The men, who all face other terrorist-related charges, sought an emergency judicial review. They argued that authorisation is required from a magistrate before police can take remand prisoners for further questioning.
Frank O’Donoghue QC, for the suspects, told the court on Thursday: “This is about the removal of prisoners from detention.
“It’s now done very strictly, we say, under judicial scrutiny once the person is charged.”
Paul McLaughlin, for the PSNI, told the court that the men had been arrested.
But following a break in proceedings judges were told a decision has been taken to return them to Maghaberry “for the time being”.
Mr McLaughlin added: “Thereafter police will decide what course to follow to continue their investigation.
“But for the present purposes the return of the prisoners to Maghaberry brings an end to the case.”
Lord Justice Higgins, sitting with Mr Justice Stephens, decided the case should then be dismissed.
Outside the court the men’s solicitor, Paul Pierce of Kevin R Winters and Co, said the case was taken to examine the procedures surrounding the decision to take the prisoners directly to a police station.
He added: “Our concerns have been vindicated in view of the fact that the police have decided to return each of the men to custody and they have indicated they will now review their position.
“The method by which these prisoners were produced is clearly open to abuse by any police officers who want to use a power which is not subject to any form of judicial scrutiny or legal restraint.”