OTR legislation won't affect McCabe killers
New UK laws to allow IRA fugitives to return home will not apply to those who killed Det Garda Jerry McCabe and wounded Det Garda Ben O’Sullivan in 1996, it emerged tonight.
Northern Ireland Secretary Peter Hain began moves today to offer an amnesty to some of the most infamous on-the-run (OTRs) terrorism suspects.
A new Eligibility Body will be set up by the Irish Government to decide which OTR cases qualify within the Republic but Minister for Justice Michael McDowell tonight confirmed the four IRA men behind the botched post office robbery in Adare, Co Limerick would not be included.
“It is the clearly stated position of the Government that those already convicted of offences relating to the cowardly killing of Garda Jerry McCabe and wounding of Garda Ben O’Sullivan will not benefit from early release,” he said.
“Equally, arrangements being proposed in this jurisdiction for dealing with what have become known as OTRs will not apply to persons in respect of these offences.”
Kevin Walsh, Pearse McAuley, Michael O’Neill and Jeremiah Sheehy are currently serving out their sentences at Castlerea Prison in Co Roscommon.
Mr McDowell said the majority of the estimated 40 OTR cases related to the North but the Irish Government would also fulfil its obligations to the small number that fell under its jurisdiction.
He said that OTRs who ’committed offences in connection with the situation in the North’ before April 10, 1998 would qualify as long as they supported a complete and unequivocal ceasefire.
The Eligibility Body will determine whether an OTR is a qualifying person and will notify Mr McDowell.
The minister will in turn submit cases to Government with a view to recommending that the president use her powers under Article 13.6 of the Constitution to grant a presidential pardon.
Mr McDowell said that the fact that only a handful of cases are likely to arise in this jurisdiction did not mitigate in any way the distress which the operation of this scheme was likely to cause people, particularly those who had been the victims of terrorist atrocities.
“Nevertheless in the context of bringing about an end to the conflict both Governments have indicated for some years their belief that this issue had to be addressed,” he added.
The scheme will not begin in the Republic until the legislation is fully approved in the UK first, the minister explained.
