The British Home Secretary, Mr Jack Straw, is reviewing the details of the case against Ms Roisin McAliskey in preparation for a possible appeal against her extradition to Germany.
Details of Mr Straw's involvement in the case emerged last night following a ruling by the High Court in London yesterday that overturned the decision of a magistrate who refused to commit Ms McAliskey for extradition.
The British Home Office confirmed last night that in response to the "exceptional" circumstances of the case, Mr Straw had decided to accept representations from Ms McAliskey's lawyers ahead of an appeal against the extradition order. A Home Office spokesman insisted that Mr Straw was not prejudging the outcome of court proceedings, he was simply "preparing" for an appeal. Ms McAliskey, who is wanted by the German authorities in connection with an IRA mortar attack on a British army base at Osnabruck last year, is receiving treatment for severe mental depression at the Maudsley Psychiatric Hospital, London, where she is being held on conditional bail with her six-month-old daughter, Loinnir.
Ms McAliskey will be visited at the Maudsley Hospital by her partner, Mr Sean McCotter, over the Christmas period.
As a result of the High Court's decision Ms McAliskey's lawyers will be free to appeal the extradition order after committal takes place, possibly next week. An appeal can be made in the High Court or Ms McAliskey's lawyers may appeal to the Home Secretary, who can rule against the order if he believes the interests of justice will not be served if the extradition goes ahead.
During a 20-minute hearing at the High Court yesterday the German government and Ms McAliskey's lawyers challenged the decision of the magistrate, Mr Nicholas Evans, not to order the extradition on the grounds that he believed he did not have the jurisdiction to do so in her absence. Both sides agreed that in the interests of moving ahead with the case the High Court should overturn the decision of the magistrate.
Quashing the magistrate's decision, the Lord Chief Justice, Lord Bingham, sitting with Mr Justice Hooper and Mr Justice Jowitt, said: "I find nothing that proves committal could not take place in her absence.
"We have been told that she continues to be treated in hospital, and the evidence suggests that her mental state continues to make her unfit to attend a court hearing. There is no prospect in the near future of her being able to do so. Both sides are agreed that matters should be progressed."
After the hearing, Ms McAliskey's solicitor, Ms Gareth Peirce, praised the court's decision, saying it would help to move the case forward to an appeal against the extradition order. Ms McAliskey's mother, the former Mid-Ulster MP Ms Bernadette McAliskey, said last night she was "delighted" by the High Court's decision.
The London magistrate, Mr Nicholas Evans, who refused to commit Ms McAliskey for extradition in her absence last month, also rejected a suggestion made by Ms McAliskey's lawyers that she be committed at the Maudsley Hospital. He argued that the proceedings should take place in public.