Five 'Freed' After Court Quashes 'Detention'

A solicitor acting for prominent republican Colin Duffy, says he believes his client has been re-arrested in connection with the murder of two soldiers in Co Antrim.

Earlier today police released all six people held for questioning over serious terrorist offences after a court ruling this morning.

Mr Duffy was freed, then re-arrested at Antrim police station, his lawyer said.

The other five men have been released, the firm of solicitors representing them said.

The dissident republican suspects were being held over the murders of two soldiers and a policeman in Northern Ireland.

Having been detained for 11 days, they won a challenge to their continued detention on Wednesday.

After hearing an emergency judicial review application, a High Court panel headed by Northern Ireland's Lord Chief Justice, Sir Brian Kerr, overturned the county court judge's decision.

"By reason only of the judge's conclusion that she was precluded from considering the lawfulness of the applicants arrest I have decided that her decision must be quashed," he said.

He said a weekend extension to their detention was unlawful.

"No consideration was given to the lawfulness of the original arrest," he added.

Joe McVeigh, of Kevin R Winters solicitors which represents five of the men, welcomed the ruling.

"We have always taken the view that not to examine the conduct of arresting officers when considering to detain people under the Terrorism Act has always been a breach of human rights," he said.

The Divisional Court quashed the earlier decision to grant warrants of further detention on those arrested on suspicion of involvement in the murders of two Royal Engineer soldiers Mark Quinsey and Patrick Azimkar (both pictured) at Massereene Barracks and the murder of Constable McCarroll in Craigavon.

The Lord Chief Justice, who was sitting with Lord Justice Higgins and Lord Justice Coghlin, considered the four grounds of challenge and concluded that the judge was wrong on one of these, in that she did not review the lawfulness of the applicant's arrest.

A further claim that it breached their right to liberty under the European Convention on Human Rights was set aside to allow a full hearing to proceed.

Forensic results are thought to be at the centre of the detentions as results won't be be available for some days.

The Chief Commissioner of the Northern Ireland Human Rights Commission, Monica McWilliams, had also expressed concern over the length of detention and the conditions in which the suspects were being held.

However, Ulster Unionist MLA Basil McCrea later condemned the comments by Ms McWilliams and pointed to the robust human rights standards that apply to the PSNI.

The courtroom drama comes as a second person - a 37-year-old man - has been charged with the murder of Constable Carroll, just a day after a 17-year-old youth was remanded in custody charged with the murder.

The youth was also charged with having an assault rifle, membership of the Continuity IRA and collecting information of use to terrorists. He appeared in Lisburn Magistrates Court yesterday.

The second man is also charged with having a firearm with intent to endanger life.

(BMcC/JM)