Lawyers for a doctor accused of terrorism call for UN intervention after prison heart attack

Craigavon Magistrates Court also heard that lawyers acting on behalf of Dr Issam Bassalat have asked the Prison Ombudsman to investigate amid allegations the 64-year-old was left in “severe pain for seven hours” before he was taken to hospital suffering from a heart attack.

A PPS lawyer refuted those claims however and outlined to District Judge Michael Ranaghan how a nurse sat outside his cell, with a doctor at the end of the phone and that in actual fact, he had received spinal surgery earlier this year faster than a person at liberty would have.

Dr Bassalat, from Telford Road in Edinburgh, is in custody at Maghaberry Prison facing a charge that in preparation of terrorist acts, on 19 July last year, he “attended and addressed a meeting of the Irish Republican Army at 17 Buninver Road, Omagh.”

Arrested as part of Operation Arbacia into the alleged activities of the New IRA, Dr. Bassalat is one of ten people in custody accused of terrorism offences following an MI5 surveillance operation at two properties in Co. Tyrone, the first at Barony Road, Sixmilecross and the other at the Buninver Road property.

The accused are husband and wife David and Sharon Jordan; Damien Joseph McLaughlin from Dungannon; Kevin Murphy from Coalisland, Amanda McCabe and Shea Reynolds from Lurgan; Joseph Barr, Patrick McDaid and Gary Hayden from Londonderry.

All face various offences including belonging to the New IRA, directing terrorism and preparing terrorist acts.

McLaughlin and McReynolds are also accused of conspiring to possess Semtex and 100 rounds of ammunition.

It has been reported that MI5 double agent Denis McFadden arranged the rentals for meetings which the PSNI and PPS allege involved high ranking members of the New IRA where topics allegedly discussed included weapons procurement, recruitment, international links, changes to the IRA constitution and anti interrogation technics.

Last week, a bail application on behalf of Scottish Palestinian GP Dr. Bassalat heard he had suffered a heart attack on 9 October and was eventually taken to the RVH where he had a stint inserted before being transferred back to the hospital wing at Maghaberry.

In court today (mon), defence solicitor Peter Corrigan argued that given the alleged treatment of Dr. Bassalat when he was having a heart attack, along with him having spent ten months in severe pain awaiting spinal surgery, after which he received “no post operative care” but was instead sent straight back to jail, “we have no confidence to relation to the care he is receiving in Maghaberry and are seeking the intervention of the UN.”

DJ Ranaghan told the solicitor however “I need the up to date medical position to see whether this man can receive the proper treatment that he requires.

“I do not care about the UN,” declared the judge.

As previous bail applications have been refused, the defence must prove there has been a change of circumstances before a judge can reconsider bail.

Mr Corrigan further argued that the medical position was such a change of circumstance but also that the serving of Preliminary Enquiry papers established a sufficient change.

He claimed that despite the hours of surveillance and resulting transcripts, “it’s quite clear that absolutely nothing he said that constitutes an offence or in relation to encouraging terrorist acts.”

Mr Corrigan repeated claims of “police entrapment by MI5 agent Denis McFadden” who, according to Dr. Bassalat, “badgered him to go to a meeting.”

“Now we have got material that we didn’t know about before that shows that the persons that the prosecution say are Kevin Murphy and David Jordan, are actually saying ‘what is he doing here, why is he here?’,” said Mr Corrigan.

“There is a real risk of death for my client, that is set out unequivocally in the report,” declared the solicitor.

Prosecuting counsel said given Mr Corrigan’s claims of Dr. Bassalat’s treatment while in custody, “the prosecution would say that yes, it’s clear that he has had a heart attack but the key question are the cause if that heart attack and the prognosis going forward and if he can get the treatment he requires in prison.”

She said the criticisms of the prison service “are not accepted” in that the doctor received his spinal surgery quicker than a person at liberty would have and further that he “had a nurse at his cell for a sign period of time,” a nurse who was in contact with an on-call doctor and as soon as it was established that he needed an ambulance to go to hospital, one was called.

Adjourning the case to Monday, DJ Ranaghan told the lawyers “I don’t see how I can determine the medical issue without an up to date report from the prison” and suggested to Mr Corrigan that he should ask the prison service for such a report.

The solicitor said the defence team would likely instruct their own cardio expert in addition because “there’s been criticism of the prison service and how they have handled Dr. Bassalat so it would hardly be a balanced report.”

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