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The Castlerea Prisoners
Castlerea prisoners must be released Sinn Féin President Gerry Adams confirmed this week that the release of the four remaining Castlerea prisoners had been included in the sequence of events that were derailed by David Trimble's withdrawal from last October's agreement to get the Peace Process back on track. Taoiseach Bertie Ahern had earlier confirmed that the release of the men, convicted in relation to the 1996 killing of Garda Jerry McCabe, would have formed part of an agreed sequence of events. The past number of days have witnessed a media furore after the detail of the agreement reached last October was leaked by elements obviously opposed to the Good Friday Agreement and the Peace Process. The story has received massive coverage and the myth that the four men currently being held in the prison are not entitled to release has been propagated once again. Establishment opposition politicians have expressed outrage that the release might even be considered. Speaking in Dublin on Tuesday, Gerry Adams said that if the sequence had been allowed to conclude, it would have seen "the Good Friday Agreement institutions back in place and a process to resolve a number of issues, for example arms and armed groups, Justice and Human Rights, demilitarisation, people on the run and other matters, including the release of the Castlerea prisoners". He added that while the UUP had halted this sequence, the focus of the Sinn Féin leadership since then has been to get the process working again. "I am confident that that is An Taoiseach's aim also and we are working very closely to achieve this," he said. "This is an endeavour which should be supported by everyone who wants to make conflict a thing of the past, including opposition parties." Adams' comments came just days after Martin McGuinness said that the Sinn Féin's position in relation to the prisoners has been very clear all along. "These prisoners are qualifying prisoners under the terms of the Good Friday Agreement and should be released," he said. "We will continue to argue and press for that." On Wednesday, Tánaiste Mary Harney asserted that the release of the men would not be considered except in circumstances in which paramilitary activities had come to a complete end and the IRA was stood down forever. Background Kevin Walsh, Pearse McCauley, Jerry Sheehy and Michael O'Neill (John Quinn has been released) are serving sentences in relation to the killing of Garda Jerry McCabe in Adare on 7 June 1996. Throughout the Good Friday Agreement negotiations, Sinn Féin campaigned for the release of all political prisoners, republican and loyalist. Those released include people convicted of incidents that happened after the Adare robbery and the death of Jerry McCabe. The four men in Castlerea are the only prisoners convicted in relation to incidents which happened before the signing of the Good Friday Agreement still incarcerated. The Dublin Government has been the target of intense pressure from a variety of sources over the years to ensure that the Castlerea prisoners serve their sentences. The Garda Representative Association has consistently demanded that the men serve their full sentences and, with a few notable exceptions, the establishment media has forcefully pushed this line, often repeating inaccurate claims about the men and their case in print. It is often stated, for example, that the IRA was on cessation when the attempted robbery took place. In fact the first cessation ended in February 1996 and the second was called in July 1997. The incident at Adare occurred in June of 1996. Pejorative terms are thrown about to confuse the issues at stake. The men are habitually referred to as convicted murderers when four were convicted of manslaughter, the unlawful and unintentional killing of a person, and one man, John Quinn, was convicted of conspiracy to commit a robbery. When the Agreement was signed in 1998 the IRA had been on a 'complete and unequivocal' cessation for almost 14 months. Hundreds of prisoners convicted of killings, including killings of RUC members, were released under the Good Friday Agreement. Four prisoners convicted of capital murder in the south were released under its provisions. The Agreement states that the governments will "provide for an accelerated programme for the release of prisoners convicted of scheduled offences in Northern Ireland, or, in the case of those sentenced outside Northern Ireland, similar offences. Any such arrangements will protect the rights of individual prisoners under national and international law." In the final section, the Agreement states that "any qualifying prisoners who remained in custody two years after the commencement of the scheme (June 1998) would be released at that point". It is clear from the Agreement that the men in Castlerea qualify for release. On 27 March 2003, rejecting an application for judicial review, the High Court in Dublin nevertheless found that John Quinn and Michael O'Neill "do fall within the category of persons who would be eligible for release under the relevant provisions". The judge stated: "They are affiliated to organisations which have maintained and are maintaining an unequivocal ceasefire. They are convicted of offences similar to scheduled offences in Northern Ireland. The offences in questions were committed prior to 10 April, 1998." The judge ruled, however, that the Minister for Justice had discretion to refuse release.
Decision in McCabe killers' appeal was flawed The Supreme Court was factually wrong on the central point of its judgment on January 29 last on an application by the killers of Jerry McCabe. It falsely assumed that they were differentiated from those prisoners released under the Good Friday Agreement in that they alone were convicted after the signing of the agreement. Several persons convicted in both the North and the South following the signing of the agreement were released under its terms. In the judgment of the Chief Justice, Ronan Keane, the Supreme Court agreed that, although the terms of the Criminal Justice (Release of Prisoners) Act 1998 gave the minister for justice wide discretion on which prisoners to release under the Act (an Act inspired by the terms of the Good Friday Agreement), the minister was required to exercise powers given to him under the act in "good faith" and "in a manner which cannot be characterised as arbitrary, capricious or irrational". It was contended on behalf of the prisoners that they had been treated in an arbitrary and capricious manner. Other prisoners, convicted of crimes far more serious than the manslaughter offence for which these prisoners were convicted, had been released. The Supreme Court held, however, that there was no invidious discrimination in the minister agreeing to release prisoners convicted of offences before the Good Friday Agreement was signed in April 1998, while refusing to release prisoners convicted after that date. The judgment was founded on the belief that nobody was released under the Good Friday Agreement who was convicted of offences after the agreement was signed. That was the basis on which it found there was no discriminatory behaviour on the part of the minister. Remarkably, the Supreme Court jumped to this assumption in the absence of any evidence, even in the absence of any suggestion to the court that it would have been a valid basis for treating prisoners differently. The basis upon which the Supreme Court issued its judgment is simply wrong. Several prisoners convicted after the Good Friday Agreement was signed have been released under the agreement. John Carolan of Mullagh, Co Cavan was convicted in the Special Criminal Court on August 3, 2000 (ie more than two years after the agreement was signed) of possession of firearms, ammunition and mortar parts on March 10, 1998 (this, incidentally was almost two years after the killing of McCabe). He was sentenced to four years imprisonment and released seven weeks later under the terms of the Good Friday Agreement. Padraig Steenson was convicted by the Special Criminal Court on April 14, 2000 of having unlawful control of Semtex explosives, incendiary devices, bomb parts and firearms on November 7,1997. He was sentenced on May 22, 2000 to seven years imprisonment and released within two months under the terms of the Good Friday Agreement. Bernard McGlinn of Castleblayney, Co Monaghan, was convicted in Belfast on March 18, 1999 of the murder of two British soldiers and a former member of the UDR. One of the British soldiers he murdered was the last soldier to be killed in the North in the course of the conflict, Lance Bombardier Stephen Restorick. McGlinn was also convicted on March 18, 1999 of the murders of Lance Bombardier Paul Garrett in 1993 and former UDR member, Thomas Johnston in 1978. Garrett was murdered by a sniper's bullet on December 2,1993 in Keady, Co Armagh. Johnston was 25 when he was murdered by McGlinn and others. He was a former member of the UDR from Tullyvallen, Newtownhamilton, Co Armagh. On the evening of Saturday August 19, 1978 he went into a confectionary shop at Keady to buy his girlfriend a packet of crisps. On coming out of the shop, he was hit by bullets from two Armalite rifles and died almost immediately. His girlfriend was wounded in the arm and chest. McGlinn was also convicted of making bombs, which exploded at the Baltic Exchange, Hammersmith Bridge and Canary Wharf in London, and other offences. He was sentenced to a total of 490 years imprisonment. McGlinn was convicted along with three others, Michael Caraher of Cullyhana and Martin Mines of Silverbridge. Caraher was sentenced to 25 years imprisonment for the attempted murder of RUC Constable, Ronnie Galway, in Forkhill Co Armagh in 1997. The others also received lengthy prison sentences. All four were released on July 28, 2000 under the terms of the Good Friday Agreement. James McArdle was convicted at Woolwich Crown Court on June 26,1998 of conspiring to cause the London docklands bombings of February 9, 1996 and was sentenced to 25 years in prison. He was released on July 28, 2000 under the terms of the Good Friday Agreement. Leslie Henry and Alistair Stevenson were convicted on December 21,1998 of the murder of RUC Constable Gregory Taylor in Ballymoney on June 1, 1997 and were sentenced to life imprisonment. Taylor was be aten and kicked to death by a loyalist mob. He and two other policemen were drinking in a bar in Ballymoney and were accosted by drunken members of orange bands, angered at the RUC involvement in the banning of orange parades. A few days after he was buried vandals attacked his grave, scattering wreaths and scrawling gloating graffiti. Taylor was murdered almost a year after the killing of McCabe. Henry and Stevenson were released under the terms of the Good Friday Agreement on July 28, 2000. Ryan Robley pleaded guilty on July 11,1999 to the murders of Philip Allen (34) and Damien Trainor (25) on March 3, 1998. The former was a Protestant, the latter a Catholic and they were close friends. Trainor was to be best man at Allen's wedding. They were murdered by loyalist gunmen who broke into the Railway Bar at Poyntzpass, Co Down, which is a mainly Catholic town. Their parents rushed to the scene of the shootings and were able to talk to the two men before they lost consciousness. The then Northern Secretary, Mo Mowlam, said the killings were "soul-destroying". David Trimble and Seamus Mallon visited the village together in the wake of the killings, to offer their joint condolences. Robley was released under the terms of the Good Friday Agreement. Norman Coopey from Newcastle, Co Down, was convicted in January 1999 of the murder of James Morgan (16) near the village of Clough, Co Down on July 24, 1997, six weeks after the killing of McCabe. Morgan was murdered because he was a Catholic. He was struck several timeson the head with a hammer and then his body was doused with petrol and set alight, before being dumped in a water-filled hole. Coopey was released under the terms of the Good Friday Agreement. Even if releases in the North (under the agreement) of prisoners convicted after the signing of the agreement were deemed irrelevant as to whether the minister is improperly discriminating against the McCabe killers, the fact is that Steenson and Carolan were convicted long after the McCabe killers, and that they were released. This shows that the minister acted on the basis of a discrimination that has not been explained and not justified. The fact that the minister and the Taoiseach stated, on several occasions prior to the conviction and afterwards, that the killers of McCabe would not be released is irrelevant to the issue of whether what was done amounts to unjustifiable discrimination. The Supreme Court was invited by lawyers for the prisoners to quash its January 29 judgment in the light of this factual information. There are clear precedents for the Supreme Court reversing itself when it has got matters wrong. In this instance, on April 1 last, it simply refused to do so. The written judgment of the Chief Justice explaining the reasoning for this refusal has not yet been issued.
Paul Murphy all but says Castlerea prisoners should be released The possible release of Detective Garda Jerry McCabe's killers is a matter for the Irish Government, according to Northern Secretary Paul Murphy, who visited Limerick on Wednesday. So reported the Limerick Leader on 20th November 2004. The newspaper went on to report Mr Murphy as saying that the release of paramilitaries who committed "heinous crimes" had been very difficult for victims in the North but had formed part of the agreement people voted for. But Mr Murphy would not be drawn on the possible release of the four men in Castlerea Prison serving out sentences for the manslaughter of Garda McCabe in Adare in 1996. "I won't comment on the position here in the Republic, simply to say that in Northern Ireland it was part of the Good Friday Agreement," said Mr Murphy. "People voted for that North and South, for prisoner release. What happened at the Maze Prison, with people from both the loyalist and the republican communities being released, was very difficult for victims on both sides to contend with," he said. "We understood that - but like in lots of conflicts around the world you have to make difficult decisions sometimes. But it wouldn't be right for me to comment on how the Irish Government deals with its own affairs." Mr Murphy made the remarks after giving an address to the Irish Peace Institute at the University of Limerick.
Offer on Castlerea prisoners likely to stay off table The Irish government's offer to Sinn Féin to release the Castlerea 4 is likely to remain off the table, Bertie Ahern said tonight. As opposition leaders asked whether the Taoiseach was committed to withholding the offer following the unsubstantiated allegations that republicans were responsible for last December's £26.5 million Belfast Northern Bank robbery, Mr Ahern moved to quell speculation that the offer would be reinstated. He told Labour leader Pat Rabbitte during exchanges in the Dáil that during last year's talks his government was "prepared to go along with what was a demand to try to get a comprehensive agreement. "It wasn't an offer but was a demand", he said. "That's off the table and I don't see it coming back on the table either for that matter."
The release of the Castlerea Prisoners The following article appeared in the 18th January edition of An Phoblacht: POW release: Irish Government reneged on commitments Below we reprint an excerpt from an article published in this week’s Village Magazine in which Sinn Féin President Gerry Adams again calls for the release of the republican prisoners held in Castlerea jail. In Village Adams describes how the Irish Government recently used the emotive issue of these prisoners to avoid explaining their absence from recent political talks. Because the government raised the issue Adams says he feels it is time to set the record straight, emphasising that he does so in the knowledge of the great grief suffered by the McCabe family and particularly by Mrs. McCabe and expresses his deep sorrow for her loss. The full article by Gerry Adams can be read in Village Magazine
Excerpt from Gerry Adams' Village Magazine article: In 2003 there was an agreement by the Irish government that following a positive report by General de Chastelain that the Castlerea prisoners would be immediately released. The agreed sequence involved:
Martin McGuinness and I negotiated the Castlerea aspect directly with the Irish government and the Department of Justice. It was agreed that following the confirmation by General De Chastelain of the IRA putting arms beyond use the four prisoners – Kevin Walsh, Pearse McCauley, Jeremiah Sheehy and Mick O’Neill would be released. Simultaneously with this Minister McDowell would fly by helicopter to Limerick to inform Garda Jerry McCabe’s widow, Ann. On 20 October Martin Ferris visited Castlerea Prison where he informed Kevin Walsh of the arrangements. The Prison Governor was aware of these developments. Sinn Féin organised a van to pick up the four prisoners and transport them away from any possible contact with the media. Despite the fact that republicans kept all of our commitments the Irish government reneged on their commitments. Almost a year later Sinn Féin was engaged in another round of intense negotiations with the British and Irish governments and the DUP. Once again the issue of the Castlerea prisoners was negotiated. On 17 September 2004 the Irish government confirmed that in the context of an agreement being reached:
Just over one month later on 27 October the government’s position was given in writing to Sinn Féin. It confirmed that the prisoners would be released in the context of an agreement. The government also said that no public reference could be made in relation to these matters prior to the Minister informing Mrs. McCabe and Ben O’Sullivan. Finally, the Taoiseach Bertie Ahern confirmed that the release of the Castlerea prisoners was a part of the negotiations in remarks he made in the Dáil on 1 December 2004. In response to questions he confirmed that in the context of a comprehensive agreement and republicans keeping to their commitments in that agreement: “The Government, as part of a comprehensive agreement, would give consideration to the early release of the prisoners, not under the Good Friday Agreement but under the earlier Acts, of which I think two are involved. That is still the position of the Government. I have confirmed this a number of times. I know the difficulties involved and that we would have to engage in discussions with the families, which we would do, and the Garda representative body. It is still an outstanding issue. To be frank and open – this is the place to say it – it is my belief that if we are to have a comprehensive agreement, this is an issue that will have to be part of the final deal. This is not a question on which I want to have ambiguity. If we are to have a comprehensive deal, this matter will be part of it and I would recommend that that be the case. I do not see how we will be able to deal with it otherwise.”
Third Castlerea Five Prisoner Released The third of five IRA Volunteers imprisoned following the killing of Detective Garda Jerry McCabe in 1996 was released from prison today. Jerry Sheehy was serving 12 years after pleading guilty to manslaughter and was being held in Castlerea Prison before being freed this morning. John Quinn and Michael O'Neill were previously released from Castlerea Prison after serving their sentences. Pearse McAuley and Kevin Walsh, who received 14-year sentences, are expected to be released within the next year. In 2006, Mr McAuley and Mr Sheehy lost a High Court bid for early release despite being 'qualifying prisoners' under the terms of the Good Friday Agreement. Detective Garda McCabe was shot during an attempted IRA raid on a post-office delivery van in Adare, County Limerick.
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