Baroness Hoey asks if On-The-Run comfort letters are reason for no trial of suspected IRA bomber John Downey six years after charges
The criminal justice system has been pressed on whether On-The-Run letters are still in effect as a de-facto amnesty, after a six-year delay in prosecuting the suspected IRA bomber who brought them to light – John Downey.
In October 2019 Downey was charged in Omagh Magistrates’ Court with the murder of UDR members Alfred Johnston and James Eames in Enniskillen in 1972.
In 2014 he stood trial at the Old Bailey in London for the 1982 Hyde Park bomb attack.
However the trial collapsed when he produced an On-The-Run comfort letter from the UK government - part of a secret deal with Sinn Fein and Tony Blair to assure republicans they were not wanted by police.
However, the trial revealed fresh evidence linking Downey to the Enniskillen murders and he was extradited from the Republic in 2018.
The former Labour cabinet minister, Baroness Hoey, is pressing for answers as to why there is still no trial date for him, six years after he was charged.
Justice Minister Naomi Long, of the Alliance Party, and Lady Chief Justice Siobhan Keegan both said they could not comment on individual cases and declined to address her concerns on OTR letters or amnesty.
Baroness Hoey said: "This is a hugely important case for victims of the IRA. But I suspect there are many people who do not want him to be cross examined or the issue of the On-The- Run comfort letters issued by the last Labour government, for them to be judicially tested.
"I am calling on the independent judiciary to prioritise a trial as it has been far too long since 2019 when he was first charged and appeared in a magistrate's court .
"We must finally be told whether these OTR letters have the force of an amnesty."
Ms Long wrote to Baroness Hoey that the issue is a matter for the independent judiciary and it would be "inappropriate" for her to comment.
However, she said that after Downey was charged in 2019, his case saw a number of witnesses interviewed and 70 applications on issues such as Abuse of Process, Bad Character, Hearsay and Special Measures.
The judge ruled that there was a case to answer and transferred the matter to the Crown Court on 4 September 2024.
The minister noted that although the case does come before the courts for mentions, no date had yet been set for a trial and no plea has been entered.
She added: "Case management is a matter for the independent judiciary and it would be inappropriate for me to become involved in or comment on any aspect of the proceedings."
A Public Prosecution Service spokesperson said it was a complex case which was delayed by the pandemic, a protracted Preliminary Inquiry and a pending defence No Bill application - a claim that the evidence is too weak for a trial.
Fixing a date for trial is a matter for the court in consultation with legal parties, they added.
Lady Chief Justice Siobhan Keegan's office said it would "not be appropriate for this office to comment on an ongoing individual case".
However, she noted that the judiciary generally manages cases "to ensure trials can proceed when all the necessary evidence is available, all pre-trial applications have been dealt with and all parties are ready". The judiciary is very aware of the need to reduce delays and the need to ensure fair trials, she added.