The High Court has directed that Brixton Prison escaper Pearse McCauley may be extradited to Britain after 2.15 p.m. today unless his solicitors make an application by that time.
Clean-shaven and with dyed blonde hair, McCauley (32), from Strabane in Co Tyrone, appeared before the High Court yesterday after he was arrested in Co Galway at the weekend.
He was remanded into the custody of the Governor of Mountjoy Prison pending his extradition to Britain unless an application is made on his behalf before 2.15 p.m. today.
In court yesterday, Mr Eamon Leahy SC, for the Attorney General, said the President of the High Court had issued a warrant for McCauley's arrest on June 20th. McCauley was at that time in breach of terms of bail granted to him by the High Court on December 18th, 1995, counsel said.
Mr Leahy said Dublin District Court had made an order for McCauley's extradition to the UK on December 11th, 1995.
The extradition order was made on foot of warrants alleging conspiracy to murder former brewery chairman Sir Charles Tidbury and conspiracy to cause explosions in the UK in November 1990 and escape from lawful custody and malicious wounding in July 1991.
McCauley had appealed that order under Section 50 of the Extradition Act and had been granted £70,000 bail pending the appeal outcome.
He breached his bail terms in June last year and on February 24th this year the High Court made an order striking out the appeal proceedings.
Mr Leahy said there was now no matter pending but the order directing that McCauley be brought before the High Court.
In those circumstances, counsel said he was seeking an order to remand McCauley into the custody of the Governor of Mountjoy Prison pending his extradition on foot of the Dublin District Court order of December 11th, 1995.
Det Sgt Martin O'Neill, from Garda Headquarters, said he had read over the High Court order of June 20th, 1996 to McCauley, who was then being detained at Henry Street Garda Station in Limerick, at 10.12 p.m. on Sunday. He said McCauley had confirmed his identity.
Det Sgt O'Neill said he had made arrangements for McCauley to be brought before the court yesterday.
Det Sgt Donal O'Sullivan, from Garda Headquarters, said he had been involved in the earlier stages of proceedings involving McCauley and was present when the District Court order for his extradition was made. He identified McCauley as the man sitting in court with blonde hair and a grey jumper.
Mr Tom O'Connell, for McCauley, said he agreed with Mr Leahy's summary of the evidence and noted the High Court had dismissed the proceedings taken by McCauley which alleged that his offences were political.
Counsel said Mr Garret Sheehan, solicitor for McCauley, had seen his client yesterday but had no opportunity for a consultation or to review the position. Mr Sheehan had sent a fax to the office of the Chief State Solicitor at lunchtime asking that the proceedings be adjourned for 24 hours in order to facilitate a consultation.
Mr O'Connell asked, in those circumstances, that no order be made. He agreed the District Court order for extradition existed but asked that the court make no decision on that for 24 hours.
Mr Leahy said that, irrespective of what instructions might be received by McCauley's solicitor, he could not see what application might be made to prevent the court making the order sought by the Attorney General.
He asked that the order be made but said he would accept no steps being taken to execute the extradition for 24 hours.
Mr Justice Smyth said he was loath to cut out a person's entitlement to make a case before the court. He directed that McCauley be taken to Mountjoy Prison and remanded in the custody of the Governor pending his extradition in accordance with the District Court order. The judge directed that the extradition should not take place before 2.15 p.m. today. If no application was made on behalf of McCauley before 2.15 p.m., the extradition might occur at any time thereafter, the judge said. He awarded costs of the proceedings to the State.
McCauley was freed from Portlaoise Prison in November 1995 as part of the then government's early release programme for republican prisoners following the first IRA cessation which came into effect in September 1994.
However, he and fellow Brixton prison escaper Nessan Quinlivan were rearrested seconds after they walked from the jail on foot of extradition warrants from Scotland Yard and brought immediately to Dublin to face extradition proceedings at Dublin District Court.
