The High Court has granted Belfast prison escaper Brendan McFarlane an order preventing his trial on charges arising from the kidnapping of supermarket executive Mr Don Tidey 20 years ago.
However, Mr Justice Ó'Caoimh placed a stay on his order restraining the trial before the non-jury Special Criminal Court to allow the State time to decide whether to appeal against that order to the Supreme Court.On the application of Mr Stephen McCann, for McFarlane, he also awarded costs to McFarlane.
The kidnapping of Mr Don Tidey led to a nationwide search that culminated in a shoot-out at Derrada Wood, near Ballinamore, Co Leitrim, in December 1983 during which a Garda recruit and a soldier were killed.
McFarlane, with an address in Belfast, was facing trial on charges alleging that, between November 25th, 1983, and December 16th, 1983, he was in possession of a firearm at Derrada Wood with intent to endanger life and for an unlawful purpose. He was also charged with the false imprisonment of Mr Tidey between the same dates.
McFarlane had claimed his right to a fair trial had been prejudiced by the delay of some 20 years in prosecuting the charges and also through the loss of a number of items on which, gardaí claimed, his fingerprints were found.
In a reserved decision yesterday, Mr Justice Ó'Caoimh ruled Mr McFarlane's right to a fair trial had been prejudiced by the Garda's loss of a number of items taken from the kidnapper's hideout in Derrada Wood on which items, the prosecution claimed, some fingermarks matching those of McFarlane had been obtained.