Second attempt to avoid trial launched by McFarlane

Following this year’s Irish Supreme Court overturning of a 2003 High Court ruling, a 3rd October 2006 date was set for the trial of the prominent Provisional IRA member Brendan McFarlane by the Special Criminal Court for the kidnapping of businessman Don Tidey in 1983, shortly after McFarlane’s escape from the Maze prison – he was initially charged in January 1998. Yesterday the High Court granted leave to McFarlane’s lawyers to bring a second set of judicial review proceedings aimed at securing an order prohibiting the trial[subs req]. RTÉ report here.From the Irish Times report –

In seeking leave, Mr Hartnett said this was his client’s second set of judicial review proceedings. He had initiated the first judicial review challenge to his prosecution in 1999 and it was only last March that a final decision on those proceedings was delivered.

The delay of some six years and four months in securing final judgment on McFarlane’s challenge was not due to any fault of his, but rather due to delays inherent in the court processes which have further prejudiced his right to a fair trial, Mr Hartnett contended.

In the intervening years, McFarlane married and has three young children and contends the family unit is dependent on him for their day-to-day care, as his wife is in full-time employment.

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  • If you can’t do the time, don’t do the crime.

  • jatrius

    “In the intervening years, McFarlane married and has three young children and contends the family unit is dependent on him for their day-to-day care, as his wife is in full-time employment.”

    The poor man. My heart bleeds for him. I’m sure that he asked Don Tidey about his childcare problems too when he abducted him.

  • Henry94

    It is hard to see what purpose is served by this petty and vindictive prosecution.

  • Busty Brenda

    Ask the business man if he thinks it was petty?

    He did the crime do the time, that goes no matter side of the fence anyone is on.

    Lets all do a crime and then try to get out of it by saying our families depend on us!!!

    kidnapping should fetch Bik around 10 years, he should be out for a united ireland in 2016, what more can he ask for, jam on it?

  • andy

    henry’s right… These were pre-GFA crimes, so why bother? What good will possibly come of this?

    I could understand if it was part of some comprehensive exercise to meet out justice to miscreants on all sides, but as that is clearly not going to happen, why pick on one individual?

    I appreciate the family excuse is pretty weak though.

  • john burns

    See Commenting policy – edited moderator

  • john burns

    I correctly said in my comments that Brendan McFarlane had been convicted of the murder of 5 protestants and that, in my opinion, made him a sectarian bigot. How is that libellous? I then asked how a man like that would appeal to any women. I deny that my comments libelled anyone.

  • Pete Baker

    John

    Let’s try to keep to the topic, which is the judicial proceedings, not the individual behind them.

  • ingram

    Pre GFA.

    He should do the same as others and if that means no time then so be it BUT it must be consistent ie on licence.

    Martin