THE RELEASE of a Belfast man, Mr James Anthony Corry, wanted by the German authorities in connection with the Osnabruck mortar attack last June, has been ordered by the Minister for Justice, Mrs Owen.
The Minister yesterday refused his extradition to Germany and instructed that he be released from Portlaoise prison on the grounds that he is an Irish citizen.
Explaining her decision, the Minister said that she had been presented, by Mr Corry's legal representative, with his declaration of Irish citizenship. She was then obliged, under the provisions of the 1965 Extradition Act, to immediately turn down the extradition request and order his release.
Germany's constitution does not allow for the extradition of its nationals. Because of this it was not possible for the Irish authorities to permit the extradition of an Irish citizen to Germany.
A statement from the Department of Justice said that Section 14 of the Extradition Act provides that "extradition shall not be granted where the person claimed is a citizen of Ireland unless the relevant extradition provisions otherwise provide". There is no reciprocal arrangements in place between Ireland and Germany for the extradition of Irish nationals.
Mr Corry had been remanded in custody and was due to appear before the District Court next Monday for proceedings relating to the German request for his extradition to stand trial on charges connected with the attack on the British army barracks.
He was arrested on November 27th last on foot of a provisional, warrant issued by the District Court and was held at Portlaoise prison until his release last night. His release was ordered on foot of the order signed earlier by the Minister under Section 35 of the Extradition Act.
Ms Roisin McAliskey, daughter of the former MP, Ms Bernadette McAliskey, is being held in Britain on the grounds that the German authorities want her in, connection with the Osnabruck attack. She is six months pregnant.
German police said five people were involved in the triple mortar attack on the barracks in Osnabruck on June 28th. The mortars were fired from a flat-bed Ford Transit van with British plates. They missed their target, the base's petrol station. No one was injured in the attack but several buildings were damaged.
In 1989 five British soldiers were injured in an earlier attack on the same Quebec Barracks.