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10/09/2010
IRA Boss Wins Damages
An IRA jail 'commander' who was in charge when 38 inmates staged a mass breakout from the former Maze prison has been awarded substantial damages over his prosecution for the kidnap of supermarket boss Don Tidey.
Belfast man Brendan 'Bik' McFarlane was today handed €15,000 having been cleared in Dublin's Special Criminal Court in 2008 on false imprisonment and firearms possession charges in relation to the businessman's 23-day hostage ordeal in 1983.
The court ruled in favour of the former IRA commander in the Maze and found the 10-and-a-half-year wait from his arrest in 1998 until he walked free was excessive.
The European court ordered the State to pay Mr McFarlane €5,500 damages and €10,000 costs and expenses.
He said the authorities delayed bringing criminal proceedings and because of this key prosecution evidence was lost and there was a lack of evidence other than questionable police interviews.
He also claimed his arrest and detention was a deliberate and disproportionate interference with his private and family life and that there was no effective remedy under Irish law for his grievances.
In a 60-page judgment, the Strasbourg court also ruled there was no suitable legal avenue in Ireland for Mr McFarlane to deal with his grievances.
Mr McFarlane was accused of kidnapping Mr Tidey after going on the run following the Maze prison escape in 1983. He denied any involvement.
(BMcC/KMcA)
Belfast man Brendan 'Bik' McFarlane was today handed €15,000 having been cleared in Dublin's Special Criminal Court in 2008 on false imprisonment and firearms possession charges in relation to the businessman's 23-day hostage ordeal in 1983.
The court ruled in favour of the former IRA commander in the Maze and found the 10-and-a-half-year wait from his arrest in 1998 until he walked free was excessive.
The European court ordered the State to pay Mr McFarlane €5,500 damages and €10,000 costs and expenses.
He said the authorities delayed bringing criminal proceedings and because of this key prosecution evidence was lost and there was a lack of evidence other than questionable police interviews.
He also claimed his arrest and detention was a deliberate and disproportionate interference with his private and family life and that there was no effective remedy under Irish law for his grievances.
In a 60-page judgment, the Strasbourg court also ruled there was no suitable legal avenue in Ireland for Mr McFarlane to deal with his grievances.
Mr McFarlane was accused of kidnapping Mr Tidey after going on the run following the Maze prison escape in 1983. He denied any involvement.
(BMcC/KMcA)
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