Courts / Donegal / Report
UK authorities held charges over RUC shooting 'in back pocket' for decades - lawyer
Summary
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.
Who, what, where, when and why
What: Report matter: UK authorities held charges over RUC shooting 'in back pocket' for decades - lawyer. Charges or matters: murdering Constable McPherson and attempted murder while Mr O'Kane is charged with possession of firearms, including an RUC-issued firearm taken during the ambush on Constable McPherson. Procedural stage: appeal
When:
- July 26, 1975 Incident
- February 16, 1976 Incident
- May 1976 Hearing Or Sentence
- June 1976 Other
- 2025-10-17 Publication
Why: Photo: Collins) by Fiona Magennis Lawyers representing two men wanted in Northern Ireland to face charges relating to the murder of an RUC officer nearly 50 years ago have told the Court of Appeal the authorities cannot hold proceedings "in their back pockets" for decades simply because they feared losing if they pursued the case earlier. CNI source report
Case subjects
Accused
Charges: murdering Constable McPherson and attempted murder while Mr O'Kane is charged with possession of firearms, including an RUC-issued firearm taken during the ambush on Constable McPherson (Alleged Or Contested)
Accused
Charges: murdering Constable McPherson and attempted murder while Mr O'Kane is charged with possession of firearms, including an RUC-issued firearm taken during the ambush on Constable McPherson (Alleged Or Contested)
Places mentioned
- Court of Appeal
- High Court
- Maze Prison
Topics
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