McGeough appeal heard in court

Published Monday, 14 November 2011

A former IRA man jailed for the attempted murder of an off-duty UDR soldier 30 years ago should have his conviction overturned due to unjustifiable delay in his detention and prosecution, the Court of Appeal has heard.

Lawyers for Gerry McGeough argued on Monday that the authorities knew of his whereabouts for a decade before he was arrested in 2007 over the shooting of Samuel Brush.

The 52-year-old, from Dungannon, Co Tyrone, is serving a 20 year sentence imposed for the attack.

Mr Brush, a postman, was ambushed as he made a delivery near Aughnacloy in June 1981.

Earlier this year, McGeough was convicted of attempted murder, possession of a firearm and ammunition and IRA membership.

Under the terms of the Good Friday agreement, he is expected to be released within two years.

Heavily bearded and flanked by a prison guard, he was brought into the Court of Appeal in Belfast to hear his legal team challenge his conviction.

Karen Quinlivan QC argued that the delay in arresting him could not be justified.

It was submitted that McGeough had been openly travelling up and down from his home in the Republic since 1996.

McGeough was finally detained as he left a polling station in Fermanagh.

A further ground of appeal centred on a bid for political asylum he made to Sweden in the early 1980s.

McGeough is alleged to have made admissions about shooting a British soldier in his application.

Ms Quinlivan contended that it was wrong to use the contents of his asylum claim as evidence against him.

She said it was inadmissible because he was not given proper legal advice, and that such applications should be confidential.

The three judges hearing the appeal, Lord Chief Justice Sir Declan Morgan and Lord Justices Higgins and Girvan, reserved their decision.

© UTV News
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