Court archive
Court reports mentioning Creeslough, Donegal
2019-07-03 · Fermanagh
John Downey has lost a Court of Appeal challenge seeking to prevent his extradition to Northern Ireland in connection with the 1972 Enniskillen bombing. The 67-year-old, arrested in November 2018 at his home in Creeslough, Co Donegal, faces charges relating to the deaths of two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed on 25 August 1972 when an explosive device detonated near Enniskillen. The High Court in Dublin ordered his extradition in March. The Court of Appeal upheld that decision today, with Mr Justice Michael Peart ruling that challenges based on an alleged "comfort letter" issued by the UK Government should be determined by Northern Irish courts rather than in extradition proceedings. Mr Downey's legal representatives indicated they intend to appeal to the Supreme Court. He remains on bail pending that application.
2019-05-27 · Fermanagh
John Downey, aged 67, has appealed his extradition to Northern Ireland to face charges relating to the August 1972 bombing in Enniskillen, County Fermanagh, in which two British Army soldiers were killed. The High Court in Dublin ordered his extradition in March following his arrest in Creeslough, County Donegal, on a European Arrest Warrant. Northern Irish authorities seek to prosecute him for the murders of Lance Corporal Alfred Johnston and Private James Eames, who died when an explosive device detonated near a vehicle they were inspecting on the Irvinestown Road. Mr Downey's legal representatives argued before the Court of Appeal that a letter of assurance issued by the UK government constituted a decision not to prosecute him and created a legitimate expectation he would not face proceedings. The Attorney General's counsel contended the letter merely stated no active investigations existed at that time and did not amount to immunity from prosecution. The Court of Appeal reserved judgement on the appeal.
2019-04-05 · Donegal
A 67-year-old man from County Donegal has been granted a date to appeal his extradition to Northern Ireland over charges relating to a 1972 bombing in Enniskillen. John Downey was arrested in November 2018 at his home in Creeslough following a European Arrest Warrant. He faces charges of murdering two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed when an explosive device detonated in a vehicle on the Irvinestown Road, Cherrymount, on 25 August 1972. The High Court in Dublin ordered his extradition in March 2019 despite objections based on delay and a "comfort letter" issued by the British government to alleged republican paramilitaries during the conflict. The Court of Appeal has scheduled a hearing for 27 May 2019. Mr Downey's legal team cited his health concerns and questioned whether evidence allegedly linking him to the bombing still exists.
2019-03-08 · Fermanagh
The High Court has finalised the legal basis on which John Downey may appeal his extradition to Northern Ireland. Mr Justice Aileen Donnelly, the presiding extradition judge, rejected multiple objections to his surrender before granting leave to appeal on Wednesday. The judge determined that questions of exceptional public importance arise regarding assurances given by the UK Government to republican paramilitaries and whether these may have been used to gather evidence against them. Mr Downey, aged 67, was arrested in November 2018 at his home in Creeslough, County Donegal, following a European Arrest Warrant issued in relation to a 1972 car bombing in Enniskillen that killed two British soldiers. He had argued extradition would constitute abuse of process, citing a 2007 comfort letter from Northern Irish authorities. Ms Justice Donnelly rejected all objections and found the comfort letter did not constitute amnesty. Mr Downey remains on continuing bail pending the Court of Appeal hearing.
2019-03-06 · Donegal
A High Court judge has granted leave to appeal in the case of a 67-year-old man arrested in Co Donegal and wanted by UK authorities in connection with the 1972 Enniskillen bombing. The man is accused of involvement in an incident on 25 August 1972 in which two British Army personnel were killed. The High Court previously ordered his extradition, but the judge has found the case raises questions of exceptional public importance regarding whether assurances given to republicans under the "on-the-run" scheme may have been used to gather evidence against them, potentially amounting to an abuse of process. The judge has referred the matter to a higher court for determination. The appellant remains on continuing bail and is required to appear before the Court of Appeal. The case raises significant issues concerning the operation of the controversial scheme introduced during earlier peace efforts.
2019-03-01 · Fermanagh
A man arrested in County Donegal is to be extradited to Northern Ireland to face charges relating to a 1972 bombing in Enniskillen. The High Court has rejected John Downey's objections to extradition on multiple grounds, including claims of delay, alleged amnesty protections, and assertions that surrender would be oppressive. Two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames, were killed when an explosive device detonated in a vehicle on the Irvinestown Road in August 1972. Ms Justice Aileen Donnelly found the public interest in extradition extremely high despite the passage of time. Downey's legal team indicated they will seek leave to appeal the decision to the Court of Appeal. The ruling addresses numerous technical and procedural arguments raised in defence, including challenges to fingerprint evidence and concerns about deceased witnesses.
2019-01-28 · Fermanagh
A man arrested on a European Arrest Warrant faces extradition proceedings in the High Court over allegations connected to a 1972 bombing in Enniskillen, County Fermanagh. John Downey, aged 67, is wanted by Northern Irish authorities to stand trial for the murder of two British Army soldiers and aiding and abetting an explosion on 25 August 1972 on the Irvinestown Road. The device killed Lance Corporal Alfred Johnston and Private James Eames. Mr Downey was arrested at his home in Creeslough, County Donegal, in November. His counsel argued that extradition would be unfair, citing concerns about the integrity of evidence, the death of key prosecution witnesses, and a previous direction against prosecution issued in 1985. The defence also referenced controversies surrounding Mr Downey's involvement in an earlier case regarding the 1982 Hyde Park bombing. The Minister for Justice's counsel countered that fairness could be remedied through proper legal process. Justice Aileen Donnelly reserved judgment.
2018-12-21 · Fermanagh
A 66-year-old man arrested in County Donegal in November on a European Arrest Warrant has had his bail conditions relaxed by the High Court. John Downey is sought by Northern Irish authorities in connection with charges relating to the deaths of two soldiers in Enniskillen on August 25, 1972. The High Court judge, Ms Justice Aileen Donnelly, reduced his signing-on requirements from daily attendance at Letterkenny Garda Station to three times weekly, noting that bail conditions should not be punitive. The judge indicated a legal aid recommendation would be made at the conclusion of proceedings. Mr Downey's legal team has signalled they will contest his extradition, citing an immunity claim under European Arrest Warrant legislation and allegations of abuse of process. A full extradition hearing is scheduled for January 28, 2019.
2018-11-23 · Fermanagh
A High Court hearing into the extradition of John Downey (66) to face charges relating to the deaths of two UDR soldiers in Enniskillen on 25 August 1972 has been adjourned. Northern Irish authorities are seeking Mr Downey's surrender to stand trial for murder and aiding and abetting an explosion that killed Lance Corporal Alfred Johnston and Private James Eames on the Irvinestown Road, Cherrymount. Mr Downey, arrested at his home in Creeslough, County Donegal, was remanded on bail. Justice Aileen Donnelly adjourned the matter to 28 January 2019 after Mr Downey's legal representatives applied to seek disclosure of UK state documents. His counsel indicated that material considered during proceedings in London relating to the 1972 events had been held by his solicitor under restrictive conditions and remains relevant to his objections to extradition, which are being filed under the European Arrest Warrant Act.
2018-11-08 · Donegal
A 66-year-old man from Donegal has been granted bail by the High Court pending an extradition hearing to face charges in Northern Ireland. The man was arrested at his home in Creeslough on a European Arrest Warrant relating to the deaths of two UDR soldiers killed in an explosion in Enniskillen in 1972, and charges connected to the 1982 Hyde Park bombing in London. He was released on bail comprising his own bond of €5,000 and an independent surety of €30,000. The High Court judge found bail appropriate despite serious allegations, noting residential ties and family connections reduced flight risk. Bail conditions require him to sign on daily at Letterkenny Garda Station, reside at his registered address, maintain contact with gardaí, and remain within the State. His defence counsel has indicated objections to extradition will be raised, including arguments regarding immunity under the Good Friday Agreement and abuse of process. A full extradition hearing is scheduled for 23 November.
2018-11-06 · Fermanagh
John Downey, 66, appeared before the High Court on an extradition warrant issued by Northern Irish authorities. He is accused of involvement in the 1972 Enniskillen bombing that killed two UDR soldiers, Lance Corporal Alfred Johnston and Private James Eames. Downey was arrested at his home in Co Donegal on Monday under a European Arrest Warrant. His counsel, Garnet Orange SC, stated that Downey would contest the surrender application and expressed anxiety regarding bail, citing medical conditions including a recent pacemaker implantation. The State's counsel, Ronan Kennedy BL, indicated the State did not consent to bail but did not object to an early application. Justice Aileen Donnelly verified Downey's identity and fixed November 23 for the full hearing of the extradition case. She remanded Downey in custody until that date and scheduled a bail application hearing for November 8. The matter was adjourned to these future dates. Downey's previous trial for the 1982 Hyde Park bombing collapsed in 2014. He is the first individual charged under the "on-the-run" scheme since it was criticized for distorting justice. Several Sinn Féin TDs attended the brief hearing.