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

2025-10-17 · Letterkenny, Donegal · Court of Appeal

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Person profile: Justice John Edwards

Two men sought by United Kingdom authorities on charges connected to a 1975 RUC shooting have argued before the Court of Appeal that decades-long delays in pursuing their extradition amount to an abuse of process. John Edward McNicholl, aged 73, of Newmills, Letterkenny, County Donegal, and Seamus Christopher O'Kane, aged 74, of Scalestown, County Meath, face charges relating to the investigation into the murder of Constable Robert John McPherson in County Derry on 26 July 1975 and an attempted murder. Both men escaped from the Maze Prison in May 1976 before trial. The High Court previously ruled in their favour regarding delay grounds was insufficient to refuse surrender, though noting some periods of inaction by authorities. At appeal, counsel for both men contended the nearly 50-year delay constituted an abuse of process, with prosecution decisions dating to 1976. The Minister for Justice's representative characterised the case as fundamentally one of delay rather than abuse of process. The three-judge court reserved judgement.

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