Slugger O'Toole

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Emergency judicial review of extended detention granted

Tue 24 March 2009, 5:14pm

The BBC are reporting that Belfast High Court has granted an emergency full judicial review of the decision to allow police to extend the detention of six people being questioned about the recent republican paramilitary murders of two soldiers and a police officer. The detention extension request had been brought under the 2006 Terrorism Act.

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Comments (8)

  1. Glensman says:

    A 17 year old being detained 2 weeks- receiving God knows what treatment. Shameful.

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  2. groundhog day says:

    from earlier reports it seems that the argument was along the following lines:

    - the judge hadn’t given proper reasons for her decision to extend the time
    - questionning had stopped and police were only using the extension to wait for forensic results to come back
    - the judge wasn’t able to consider whether their continued detention was based on a reasonable suspicion that they had committed the offence, which breached their rights under ECHR

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  3. SGC says:

    If the allegations are proven to be right shame on him at 17 years of age for having an AK rifle and ammunition in his possession and will be for the courts to decide. What was a 17 year old doing with an AK rifle and bullets which are illegal in itself and is an offence. It is quite legal what the PSNI are doing and quite within the law laid down from which they operate, your way would be anarchy. Perhaps if he had been more co-operative he would not have been in that position for two weeks.

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  4. groundhog day says:

    it is not quite legal what the police are doing, at least according to the The Lord Chief Justice who has granted leave to apply for Judicial Review against the decisiosn to extend detention. If the court’s decision to extend time turns out to be illegal, then the police have been acting illegally. And everyone effected will be due compensation! Fair play!!

    the evidence against him must be pretty weak if they didn’t charge him before day 13!! his refusal to answer questions means nothing. solicitors routinely advise clients not to say anything, even to them, as the rooms are bugged – there was a previous Judicial Review that found that that practice was illegal too!!

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  5. This is no bad thing.

    It means that the law relating to detention periods (which has been a contentious issue politically) will be tested at this very early stage in this new era of terrorist violence.

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  6. groundhog day says:

    will be tested at this very early stage in this new era of extended detentions, you mean?? the era of terrorist violence is quite old by now.

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  7. groundhog day says:

    full decision expected in the morning

    http://news.bbc.co.uk/1/hi/northern_ireland/7961379.stm

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  8. Lib says:

    Am hearing he has ruled in favour of Duffy.

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