Unionist figures welcome proceedings against former Colombia Three man over alleged role in 1982 murders
A unionist peer has welcomed the fact that an extradition case is being pursued over the murders of three policemen in 1982.
Sir Reg Empey was speaking after the appearance in court this week of Martin John McCauley, formerly one of the Colombia Three, in Dublin.
Meanwhile Jim Allister said the case should be a "reminder of the need to sustain the opportunity for justice" in the face of what critics refer to as a de facto Troubles amnesty.
Mr McCauley, aged 61 and from Esmondale in Naas, Co Kildare, is being sought for extradition by the UK over his alleged role in the triple-fatal bombing of a police patrol near Lurgan.
The bombing killed Sergeant Sean Quinn and constables Allan McCloy and Paul Hamilton on October 27, 1982, at Oxford Island, outside Lurgan.
Mr McCauley denies murder, and his lawyers – Madden and Finucane – say he will fight extradition.
He was remanded into custody and the case was adjourned until Wednesday.
Mr McCauley was one in a trio of alleged IRA men who were accused of travelling to Colombia to teach FARC militiamen how to make bombs.
The FARC were an illegal rebel group and one of the key players in Colombia's over half-century-long civil war, which its government estimates left about 220,000 people dead.
The Colombia Three were arrested in Colombia in August 2001.
Mr McCauley had a previous conviction in 1985 for possessing three rifles. He was given a two year suspended sentence, but the conviction was quashed in 2014 in Northern Ireland's Court of Appeal.
The trio were initially acquitted of training the FARC in Columbia, but this was later reversed on appeal and they were sentenced to 17 years in jail.
However they fled to the Republic of Ireland while on bail pending an appeal.
They were pardoned by Columbia in 2020, but this pardon has since been overturned.
Speaking of the fact a prosecution is being sought against Mr McCauley over the 1982 bombing, Lord Empey welcomed the news.
But he also lamented the historic opposition to extradition shown by the Republic of Ireland during the Troubles.
"Obviously one welcomes the fact that at least a case has been taken now," he said.
"We know there's legal proceedings, you can never foretell what that will lead to, but at least I think it's encouraging that charges have been laid and it would appear that the prosecution authorities feel that there is a case to answer.
"While I understand it will be fought, et cetera, nevertheless it just brings into stark contrast that if there had been meaningful extradition by the Republic over the years I think a lot of the IRA campaign and its consequences could've been avoided."
Where does this leave the argument which underpinned the Legacy Act coming into force – namely, that it was needed because the chances of prosecuting historic crimes is so low?"The argument is still true I suspect in most cases," said UUP peer Lord Empey.
However, "this case proves that that is not always true".
He added: "We can't predict what the extradition process is going to throw up.
"And of course we cannot predict what a case in court here would throw up either.
"But quite obviously if it's been taken this far there must be the hope that there's significant evidence available.
"I wish there were more cases like this. But we have to accept they're going to be few and far between."
Jim Allister MP, leader of the TUV, said: "If this results in justice and the conviction of the guilty, then that'd be very welcome.
"The one attendant sadness is that because of the Belfast Agreement any penalty will not match the crime because of the two-year limitation.
"But I trust it will prove to be a timely reminder of the need to sustain the opportunity for justice which of course the previous government was seeking to expunge.
"The current government has indicated that they are going to repeal those aspects of it.
"If the government follows through on their appeal promise then that will reopen the opportunity for cases to be pursued."
According to the book Lost Lives, Sgt Quinn was a 37-year-old married father of three from Banbridge (and before that, Newry), Constable McCloy was a 34-year-old married father of two from Lurgan, and Constable Hamilton was a 26-year-old married man from Belfast.
The book recounts that the bomb was hidden in a culvert, and the explosion hit their armoured Ford Cortina and created a 15ft deep, 40ft wide crater.
Two IRA members suspected of involvement in the attack, Sean Burns and Eugene Toman, were themselves shot dead two weeks later by the police.