THE trial of five IRA men and an armed robber charged with escaping from the maximum security Whitemoor Prison dramatically collapsed last night after incriminating publicity meant they could not get a fair hearing.
Max Hastings, Editor of the London Evening Standard, reporter Mark Honigsbaum, and a representative of Belmarsh Prison, London, have been summoned to appear today before Mr Justice Maurice Kay to answer contempt of court proceedings. Mr Hastings could face a fine or up to five years in prison if he is prosecuted.
The six defendants on trial for one of the most dramatic attempted break-outs for many years were all Category A exceptional risk prisoners held inside the special secure unit - a "jail within a jail" - inside Whitemoor Prison, Cambridgeshire. They are Paul Magee (48); Liam McCotter (i3), Daniel McNamee (36), Liam O'Duibhir (34), Peter Sherry (31), and Andrew Russell (34).
All denied breaking from the prison, possessing a Titan .255 automatic handgun and an RG .25 automatic pistol, with intent to harm, and possessing both, firearms with intent to break prison.
It was the second time the men's trial had, been abandoned because of prejudicial publicity. The first jury to serve in the case was dismissed after the first day at Woolwich Crown Court in September after several newspapers published details of the men's previous convictions and their IRA connections in breach of a court ruling. The judge had said there should be a second trial.
During the resumed hearing the jury heard evidence from senior prison, service figures contradicting evidence given to the official Woodcock inquiry into the escape.
The judge also said the deteriorating mental condition of five of the defendants had contributed to his decision to halt the trial.
His concern about their health endorses the conclusions of an internal prison service report into claims that the deprived environment of new special secure units in which they have been held contribute to mental illness.
The Evening Standard article, "Alcatraz on Thames - No Way Out", was an inside description of Belmarsh prison. It included an interview with inmates and was accompanied by photographs of three defendants, describing them as "IRA terrorists" and detailing their convictions for bombing and political assassination.
"The Evening Standard article seems to have been based on a visit by a journalist enjoying interview facilities. This surprises me and I expect an explanation and will sit tomorrow so the journalist, his editor and a member of the prison service can explain" the judge said.