Appeal court judges to rule on Adams’ bid to quash convictions

GERRY Adams was unlawfully imprisoned more than 40 years ago because Northern Ireland’s Secretary of State did not personally authorise his internment, the Court of Appeal has heard.

Judgment in the case has been reserved after lawyers for the Sinn Fein leader yesterday argued that his convictions for two attempts to escape from custody should be quashed because the order was legally flawed.

Mr Adams was among hundreds held without trial during the early years of the Troubles.

First interned at the Long Kesh camp in March 1972, he was released that June to take part in secret talks in London.

Mr Adams was rearrested in July 1973 in Belfast, and detained again at the Maze Prison.

The Louth TD is now challenging convictions in 1975 for two alleged bids to escape from lawful custody.

He was not present in court as three senior judges headed by Lord Chief Justice Sir Declan Morgan heard details of both at-

Appeal: Gerry Adams

tempts to break out of the prison.

On Christmas Eve 1973 he was among four detainees apprehended while allegedly trying to cut their way through perimeter fencing.

In July 1974 a second attempt to escape involved switching place with a kidnapped visitor who bore a striking resemblance to Mr Adams, the court heard.

He was later sentenced to 18 months in jail for attempting to escape. His bid to overturn his convictions centres on the recovery of a document from the National Archives in London.

His legal team argues that the 1972 Detention of Terrorists Order required that the Northern Ireland Secretary must authorise interim custody orders used to intern suspects.

Because it was such a draconian power Parliament had ensured it could only be exercised at such a senior level, the team contends.

The court was told a junior minister in the Northern Ireland Office signed the order for Mr Adams’ internment in July 1973.

Sean Doran QC told the court evidence shows no consideration was given by the Secretary of State.

However, counsel for the Public Prosecution Service countered that a long-established legal doctrine — the Carltona principle — enabled other ministerial figures to lawfully authorise Mr Adams’ internment.

Gerald Simpson QC said: “If a decision is made by an official in the department, for which the Secretary of State is politically accountable to Parliament, that’s the end of the matter — that’s what Carltona says,” he told the court.