Dutch Court Acquits Irish (1)
01 January 1991
Dutch Court Acquits Irish
artdoc October=1991
In May 1990, the IRA claimed responsibility for killing two
London-based Australian lawyers on holiday at Roermond, Holland,
saying they were mistaken for off-duty British soldiers. Donna
Maguire, Sean Hick, Paul Hughes and Gerard Harte were charged
with the murders, but only Harte was found guilty and given an
eighteen year sentence. Maguire, Hick and Hughes remained in
custody, however, to face charges of IRA membership, to await
proceedings for extradition to Germany and because the
prosecution wished to appeal against the verdicts in the original
murder trial. The Dutch Appeal Court on the 5th July not only
rejected the prosecution's appeal, but acquitted Harte as well,
concluding that the case against the four was almost entirely
circumstantial. Following the acquittal, the four remained in
jail awaiting the outcome of the IRA membership case.
The four were acquitted of the membership charge on 12th July.
Harte was released and flew back to Ireland where he was
immediately arrested at Dublin Airport under Section 30 of the
1939 Offences Against the State Act. Ostensibly, he was
questioned about firearms offences relating to July 1989, but was
released 24hrs later. Harte himself maintains that the Gardai
spent most of the time `ranting' about the Dutch case and offered
him money to provide information on republicans. The Dublin
arrest occurred after Harte's Dutch lawyers had been informed by
the Irish authorities that he was not wanted for any offences in
the Irish Republic. Harte is from Lurgan in the North and an RUC
source made it clear that it would not be wise for him to return
home.
Maguire, Hick and Hughes are still in jail pending the
completion of proceedings for extradition to Germany. Maguire is
contesting her extradition and the Dutch Supreme Court will hear
her appeal in September.
The acquittals caused a minor storm amongst British MPs, some
of whom suggested that there were now serious diplomatic problems
between the British and Dutch governments. Ivor Stanbrook of the
Conservative back-bench Northern Ireland Committee called for
Holland to be excluded from the TREVI Group because `the Dutch
have shown a totally unrealistic attitude with regard to the
battle against terrorism in Western Europe'. Labour called on the
Foreign Office to insist that the Dutch revise their `flawed'
laws on terrorist activity.
Irish News, 13.7.91 & 15.7.91.
Statewatch no 4 September/October 1991