Maze Prison escaper Brendan (Bik) McFarlane, who was arrested in the Republic last year on the day his release under the Belfast Agreement was approved by the Northern Ireland Secretary, is taking a High Court action to prevent his trial here on charges of falsely imprisoning supermarket boss Don Tidey in 1983.
He was yesterday granted leave to bring the action.
Mr McFarlane, a community worker, of Jamaica Street, Belfast, has been sent for trial at the Special Criminal Court on charges that between November 24th, 1983, and December 16th, 1983, he falsely imprisoned Mr Tidey. He is also charged with having a gun with intent to endanger life at Derrada Woods, Ballinamore, Co Leitrim, between the same dates; and with having a gun in such circumstances as to give rise to a reasonable inference that he did not have it for a lawful purpose.
At the High Court yesterday, Mr Hugh Hartnett SC, for Mr McFarlane, told Ms Justice McGuinness he was arrested early last year. He had travelled to the Republic previously and the authorities had never sought to arrest him.
Solicitor James MacGuill said Mr McFarlane was due for full release on the day of his arrest. Dr Mowlam had given approval and had signed the final licence on the morning of his arrest.
Mr McFarlane was arrested by gardai on January 5th, 1998, Mr MacGuill said in an affidavit. He was detained at Dundalk Garda station and questioned about matters said to have occurred at Derrada Woods. He was later charged before the Special Criminal Court.
The evidence proposed to be adduced against Mr McFarlane primarily consisted of fingerprints on domestic items alleged to have been retrieved or identified by investigating gardai at the time of the alleged incidents. Certain of these items were no longer in the custody of the gardai and were unavailable to Mr McFarlane for inspection.
Mr MacGuill said that despite repeated written requests for an explanation as to why such important exhibits were no longer available, no explanation had been forthcoming. As a result, Mr McFarlane was not in a position to evaluate the alleged physical evidence. In addition, it was clear that the delay in the prosecution of the offences had, and would continue to have, a prejudicial effect on Mr McFarlane's life and livelihood.
Mr MacGuill said that at the time of his arrest Mr McFarlane was travelling from Dublin to Belfast on a public bus. He was residing with his partner at an address known to the prison authorities in Belfast. The prison authorities had released him into the community under a prerelease scheme and were authorised to do so by the Secretary of State.
Mr McFarlane had begun employment with a Government-sponsored community group in Belfast and liaised with the authorities on his movements.
Mr MacGuill said Mr McFarlane was on parole to the knowledge of the authorities in the North and here, which called into question the statements by gardai at a bail application in the Special Criminal Court that the checkpoint at which he was arrested was a routine one set up to supervise the flow of traffic. From 1993 to 1998, as part of a pre-release programme, Mr MacFarlane was released on parole for one week twice a year. On these occasions, with the consent of the Northern authorities and to the knowledge of the Garda, he spent periods in this jurisdiction.
Mr McFarlane had escaped from the Maze prison in September 1983 and unsuccessfully contested extradition proceedings from the Netherlands in 1986.