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Fortnight Publications Ltd. Justice Vindicated? Author(s): Jonathan Moore Source: Fortnight, No. 301 (Dec., 1991), p. 7 Published by: Fortnight Publications Ltd. Stable URL: http://www.jstor.org/stable/25553162 . Accessed: 25/06/2014 08:00 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Fortnight Publications Ltd. is collaborating with JSTOR to digitize, preserve and extend access to Fortnight. http://www.jstor.org This content downloaded from 195.78.108.51 on Wed, 25 Jun 2014 08:00:47 AM All use subject to JSTOR Terms and Conditions
Transcript

Fortnight Publications Ltd.

Justice Vindicated?Author(s): Jonathan MooreSource: Fortnight, No. 301 (Dec., 1991), p. 7Published by: Fortnight Publications Ltd.Stable URL: http://www.jstor.org/stable/25553162 .

Accessed: 25/06/2014 08:00

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Fortnight Publications Ltd. is collaborating with JSTOR to digitize, preserve and extend access to Fortnight.

http://www.jstor.org

This content downloaded from 195.78.108.51 on Wed, 25 Jun 2014 08:00:47 AMAll use subject to JSTOR Terms and Conditions

Amnesty International issued its

first 'urgent action' notice for

Northern Ireland this summer, over

Damien Austin, who claimed he

had been hit in the stomach and

nearly choked by the RUC, and

told he would be shot by loyalists. Such claims have been fiercely

denied by the chief constable, Hugh

Annesley. "These claims are being

purveyed because the interviewing of terrorist suspects is central to our

success in obtaining evidence and

information," he wrote in a letter to

The Guardian recently. "Any area

of police success will be targeted

by the paramilitary organisations with a campaign of spurious com

plaints and propaganda by them

and their political bedfellows."

But the issue continues to dog the NIO. Last year Lord Colville,

who reviews emergency legisla tion for the government, suggested

mute video-recordings in interview

rooms might prevent both abuse

and false allegations. Successive reports by Amnesty

International and Helsinki Watch

this summer raised similar criti

cisms of physical beatings. Finally, last month the United Nations Com

mittee Against Torture in Geneva

expressed "serious concerns" about

interview practices at Castlereagh. The government has promised

a statutory code of practice for in

terviews. It has also floated the idea

of an independent commissioner to

monitor the holding centre?

though questions about their inde

pendence would be bound to arise.

In recent weeks, fewer solici

tors have been excluded from see

ing their clients during the first 48 hours of detention. Whether this

will affect the number of complaints remains to be seen.

Owen Bowcott

THOUSANDS of students from colleges across Northern Ireland converged on Belfast City Hall last month to highlight the growing pressure on student

budgets, with grants frozen in favour of top-up loans, and the right to claim

social security benefits removed.

Organised by the National Union of Students/Union of Students in Ireland, the demonstration called on the junior Stormont minister Lord Belstead

urgently to review the student loans regime and to restore lost entitlements.

According to Richie Carrothers, regional convenor of student unions in

Northern Ireland, "Many students are living on the poverty line."

Justice vindicated?

THE acquittal of the Dublin repub lican Dessie Ellis at the Old Bailey in London last month added an

other twist to the saga of extradi

tion. Mr Ellis, who was charged with explosives offences, had prob

ably faced 25 years if found guilty. Mr Ellis put his acquittal down

to two factors. The defence argued that he was being subjected to 'dou

ble jeopardy', since he had already served a sentence in Portlaoise for

the same offences. But he also

claimed that there had been "a sea

change in attitude within Britain

due to the Guildford and Birming ham cases". The jury were pre

pared to listen to his defence, he

said. "Previously, there was such a

bias against the Irish I wouldn't

have stood a chance."

Mr Ellis was the first person to

be extradited under the 1987 extra

dition legislation and the seventh

from the republic to the UK since

the Dublin Supreme Court started

the process back in 1982. Extraor

dinarily, his was the fifth of these cases in which the prosecution case

has failed?in the other two mini

mal sentences were handed down.

Such figures can only damage the cause of extradition, but the

twist is that those opposing extradi

tion have always claimed no Irish

person could get a fair trial in a

British court in a 'political' case.

As Ellis himself pointed out, judge and jury "could hardly have been

fairer". A major plank in the anti

extradition argument has gone. There have been important de

velopments in other extradition

cases involving three republicans who escaped from Belfast prison in

1981.

Paul 'Dingus' Magee failed to

appear in the Supreme Court in October?he looked certain to be

sent back to Northern Ireland to

serve life for the 1980 murder of an

SAS captain, Herbert Westmacott.

Mr Magee was on bail and living in

Kerry and, believing his appeal was

bound to fail, went on the run.

Though his action may endanger the chances of others getting bail,

there is sympathy in republican cir

cles for Mr Magee, since "Dingus didn't stand a chance".

The UK's success with him was

countered by the decision by the

Supreme Court last month that the

offence of possession of an auto

matic weapon by Anthony Sloan

and Michael 'Beaky' McKee was

of a political nature, and that they should therefore not be extradited

for it. There had been a possibility, as one lawyer put it, of the court

arguing that there was no "real dis

tinction between possession with

intent and use", but it didn't.

Pressure followed on the repub lic' s government, to amend the 1987

extradition legislation so that pos session with intent to endanger life?and not just use?would nec

essarily preclude claiming the 'po litical offence' exemption. The

minister for justice, Ray Burke, said

the law would be reviewed.

Mr Sloan had also been charged with kidnapping, for which he would have been extradited. But

the time he had spent in Portlaoise

prison counted against his sentence, so it was judged he had no more time to serve and he was freed.

Mr McKee had won his appeal against extradition in the High Court on the possession offence. It looked

certain that the Supreme Court

would uphold that decision, as in

deed it did. But he was arrested in

early November in west Belfast.

He now faces the probability of

having to serve his full sentence,

which, even with full remission,

would mean about 12 years. Re

publicans are angry because of the

amount of time, money and effort

put into fighting his case.

Why did he return to Northern

Ireland? Speaking last year from

his home in Tallaght, Mr McKee said how much he missed his na

tive Ballymurphy. "The best place in the world" was his description of

the west Belfast ghetto. Some months ago, his wife went

back to Belfast, and Mr McKee

followed. One Sinn Fein source

said: "Beaky simply couldn't cope with life in the south. Never under

estimate the power of the ghetto."

Jonathan Moore

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Dr G O Simms DR George Otto Simms, the former

Church of Ireland primate, died last month in a Dublin hospital,

having suffered a stroke in Septem ber. He was 81.

George Simms exercised a

unique influence over his church.

He epitomised the humility of the scholar, Christian compassion, the

quiet dignity of a man who made

friends easily, and the love of life

which stems from a deep Christian

faith. He was a very special person. He had an intense love of Ire

land and her people. As a chaplain to Trinity College, he is remem

bered with affection by generations of students. He went on to become

archbishop of Dublin and, later,

archbishop of Armagh. His kindness, personal integrity

and devotion to the Anglican ethos

were obvious. His contribution to

ecumenical endeavour and his stud

ies of Celtic Christianity made him one of the most respected church

people of his generation. When he came to Armagh,

Northern Ireland was facing the

first episodes of the current 'trou

bles'. Those who hoped for an out

spoken leader who would manifest

the 'Protestant stance' were to be

disappointed. He saw his role as

spiritual leader, advocating recon

ciliation, understanding and prayer. His co-operation with Cardinal

Conway greatly aided the setting

up of the Ballymascanlon inter

church conference. His remarkable

gift of identifying with individuals made it difficult to tie any label to

him, and his ministry in Armagh is

remembered with love and respect

by many Protestants and Catholics.

My abiding memory is of his kindness and warmth. Ireland has

lost a spiritual leader of great stat

ure. And the Church of Ireland has lost a leader whose contribution

will rarely, if ever, be equalled. Dr Simms is survived by his

wife, Mercy Felicia, three sons and

two daughters.

Archbishop Robin Eames

FORTNIGHT DECEMBER 7

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