The Irish News has reported that the High Court has given the government two weeks to show cause why tapes concerning Anthony McIntyre’s involvement in the Troubles shouldn’t be returned to the United States without having been turned over to the PSNI. I reported on the UK’s MLAT request and the subpoena back in April 2016.
It’s difficult to understand exactly what’s happened here. According to the article, the issue is that there were “defects and inaccuracies” in the letter of request that the UK authorities sent to the US authorities under the MLAT. In particular, according to the article, the letter of request referred to an “armed robbery incident for which McIntyre was never convicted.” Without seeing the briefs, it’s hard to evaluate the claim that the letter contained errors or that, assuming it did, McIntyre had standing to object or that the Northern Irish prosecutors should be forbidden from receiving the evidence obtained from the US. Nor are the US proceedings any help in figuring out what has happened, as the docket is sealed.
If the court doesn’t make a decision in two weeks, the article suggests there may be a hearing in January. I will try to keep you posted.