UK authorities held charges over RUC shooting 'in back pocket' for decades - lawyer

Two men in their seventies from Donegal and Meath have appealed to the Court of Appeal against extradition to Northern Ireland over charges connected to the 1975 murder of Constable Robert John McPherson. John Edward McNicholl of Newmills, Letterkenny, and Seamus Christopher O'Kane of Scalestown face allegations arising from the constable's death on 26 July 1975 in County Derry, together with related attempted murder and firearms charges. Both men escaped from the Maze Prison in May 1976 before trial proceedings began. The appeal centres on whether the nearly five-decade delay in pursuing their extradition constitutes an abuse of process. Legal representatives for McNicholl and O'Kane contended that United Kingdom authorities held prosecution decisions dating to 1976 without taking action to secure their surrender until recent years, effectively keeping the case in abeyance for generations. McNicholl's counsel emphasised that his client has resided openly in Ireland since 2003, with no extradition attempt made until 2024, arguing this prolonged inaction amounted to harassment. The High Court previously granted leave to appeal, with Mr Justice Patrick McGrath acknowledging that whilst authorities provided explanation for the delay, their account was incomplete and contained lengthy periods of inaction. However, that court rejected the abuse-of-process arguments and ordered extradition, finding no evidence that either man would be denied a fair trial in Northern Ireland and holding that fugitives living ordinary lives have no legitimate expectation of permanent immunity. The Minister for Justice's representative characterised the matter as fundamentally concerning delay rather than abuse of process. The three-judge Court of Appeal panel reserved judgement following the hearing, with both men remaining on bail pending the outcome. A stay on extradition has been granted to permit potential Supreme Court review should the appeal be dismissed.