‘ We consider that any of the grounds of appeal haveAssemblyde out – Lord Chief Justice Declan Morgan.
A FORMER IRA man’s bid to overturn his conviction for attempted murder has been rejected. Lawyers for Co Tyrone man Gerry McGeough said he had been assured immunity from prosecution by a Sinn Fein representative.
The lawyers argued that criminal proceedings that led to McGeough being jailed for trying to kill part-time soldier Samuel Brush 32 years ago were an abuse of process. Central to his case was an allegation that North Belfast assembly member Gerry Kelly, pictured below, had assured McGeough in 2000 that he would not be charged if he returned to the North from being on the run. McGeough had escaped from hospital after being wonded when his victim – now a DUP councillor – returned fire in the ambush. He cotended that Mr Kelly had given him a binding primise on behalf of the Stormont executive.
Lord Chief Justice Declan Morgan pointed to legal authorites which set out that an abuse of process depended on an unequivocal guarantee of immunity being by those bringing the criminal case. ” We do not consider that the evidence indicates any basis for the conclusion that Mr Kelly was a represntative of verdict and esponsible forhonduct of the investigation or prosecutions, ” the judge said. “We further agree that in any event the statement attributed to Mr Kelly, who did not give evidence, did not contain any representation, never mind one which could be said to be unequivocal for the purpose of this test.” Mr Brush was working as a postman when he was shot and seriously wonded near Aughnacloy, Co Tyrone in June 1981. McGeough (54), from Dungannon, was convicted in 2011 of attempted murder, possession of firearms with intent to commit an indictable offence and IRA membership. He was jailed for 20 years but released earlier this year under the terms of the Good Friday Agreement. The one-time gunrunner was not in court yesterday to hear judges throw out all grounds of the appeal. Correspondence from the Northern Ireland Office to Mr Kelly in 2003 was introudeced during the case. The letter included McGeough in a list of six people who would face arrest and questioning if they returned to the North of Ireland.
As part of a disclosure process evidence was also called from William Smyth of the Progressive Unionist Party. He claimed to have attended a meeting with former Secretary of State Mo Mowlam during negotiations leading up to the Good Friday Agreement in 1998. It was alleged that she had confirmed that those who had committed offences during the Troubles for which they had not been convicted would not be prosecuted. Mr Smyth also stated that those who came forward to admit their crimes would serve two years in jail while those who refused to accept guilt would apparenty face no punishment. Sir Declan, sitting with Lords Justices Higgins and Girvan, said : “Such an outcome would be absurd. “The learned disclosure judge concluded, in our veiw inevitabilty, that Mr Smyth’s evidence that the issue of on-the-runs was ‘done and dusted’ was difficult to accept.” MrGeough also failed to establish that it was unfair to try him because of the passage of time. Detailing his escape from hospital, subsequent proceedings against him in continental Europe and the US and a period spent in the Republic, Sir Declan held that any delay in the trail was McGeough’s responsibility. “We do not consider that any of the grounds of appeal have been made out and we do not consider the convictions are unsafe,” the judge said. Mr Brush was in court for the virdict and later said he had been under no doubt the appeal would be thrown out. Dismissing McGeough’s claims to have been assured immunity, Mr Brush said : “We ars living in a fairytale land as it but to suggest that was going to take place is even worhorse .” The DUP councillor also hit out the founding being given to bring the challenge. “As far as I can see it’s another scandalous misuse of the legal aid system. It had no chance of success,” he said.
With many thanksis to : The Irish News.
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