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Maze Prison
UK Supreme Court quashes Gerry Adams' 1970s convictions for attempted Maze Prison escapes
Adams attempted to escape from the Maze on Christmas Eve 1973 and again in July 1974.
7.06am, 13 May 2020
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LAST UPDATE|13 May 2020
FORMER SINN FÉIN president Gerry Adams has won a UK Supreme Court appeal against two historic convictions for attempting to escape from the Maze Prison in the 1970s.
The former Sinn Féin leader had claimed that two 1975 convictions relating to his attempts to escape from the Maze Prison during the early 1970s are unsafe because his detention was not “personally considered” by a senior government minister.
Lawyers for Adams, aged 71, argued that because the interim custody order (ICO) used to initially detain him was not authorised by the then secretary of state for Northern Ireland, Willie Whitelaw, his detention was unlawful.
Welcoming the judgement, Gerry Adams said in a statement that “internment, like all coercive measures, failed”.
Of course internment, later described as detention by the British, was never lawful. In fact it set aside the normal principles of law and was based on a blunt and brutal piece of coercive legislation.
“I have no regrets about my imprisonment except for the time I was separated from my family,” he said.
He added that he was in the company “of many remarkable, resilient and inspiring people” while in the Prison Ship Maidstone, in Belfast prison and in Long Kesh.
The attempted Maze Prison escapes
Adams attempted to escape from the Maze, also known as Long Kesh internment camp, on Christmas Eve 1973 and again in July 1974.
The former Louth TD was first detained in March 1972, but was released in June that year to take part in secret talks in London before being rearrested in July 1973.
In 2018, the Court of Appeal in Belfast heard that, on Christmas Eve 1973, Adams was among four detainees caught attempting to break out of the Maze.
The second escape bid in July 1974 was described as an “elaborate scheme” which involved the kidnap of a man who bore a “striking resemblance” to Adams from a bus stop in west Belfast.
The man was taken to a house where his hair was dyed and he was given a false beard, then taken to the Maze where he was to be substituted for Adams in a visiting hut, the court heard.
However, prison staff were alerted to the plan and Adams was arrested in the car park of the jail, the court was told. He was later sentenced to a total of four and a half years.
The judgement
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Willie Whitelaw was secretary of state at the time. PA Images
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Announcing the Supreme Court’s judgment at a remote hearing this morning, Lord Kerr – the former Lord Chief Justice of Northern Ireland – said the court had unanimously allowed Adams’ appeal and had quashed his convictions.
The judge said Adams’ detention was unlawful because it had not been “considered personally” by Whitelaw.
Lord Kerr said: “The making of the ICO in respect of the appellant was invalid since the secretary of state had not himself considered it.
“In consequence, Mr Adams’ detention was unlawful, hence his convictions of attempting to escape from lawful custody were, likewise, unlawful.”
Lord Kerr added: “The appeal is therefore allowed and his convictions are quashed.”
The legal arguments
At a hearing in November, Adams’ barrister Sean Doran QC said his client’s appeal had been “prompted by the obtaining of materials under the 30-year rule”, under which government papers are made public.
Doran said those documents revealed there had been “considerable debate within the Northern Ireland Office and the Home Office” about whether Adams had been lawfully detained.
He said a legal opinion requested by Northern Ireland prosecutors before Adams’ trial concluded that an ICO had to be personally considered by the secretary of state to be valid.
Doran continued that there was also a note of a meeting in July 1974 held by then prime minister Howard Wilson, which he said “confirms that the secretary of state himself did not personally consider the appellant’s case”.
He added that the attorney general at the time, Samuel Silkin QC, told the meeting “there might be as many as 200 persons unlawfully detained in Northern Ireland” as a result of junior ministers authorising ICOs under the previous Conservative government.
Tony McGleenan QC, representing the Director of Public Prosecutions for Northern Ireland, argued that the minister of state who signed the ICO “had the power to do so”.
He said that the power to make ICOs was designed “to deal with a situation of civil emergency”.
McGleenan added: “It would have been impractical or even impossible for the secretary of state to give personal consideration to every request for the making of an ICO.”
The barrister accepted that Adams’ convictions should be quashed if the Supreme Court ruled in his favour.
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@The Risen: When our island is united, Gerry and Martin McGuinness will be remembered as the remarkable leaders they were. Great to see Gerry still taking on the British establishment and winning. Tiocfaidh ár lá.
@Feardorcha Ó Maolomhnaigh: Actually, those of us old enough to remember the real, non reeling in the years, version of events, know that the person who convinced the IRA in South Armagh to support the peace process and give up their guns was a man called Slab Murphy.
@Dermo Adams:I clearly remember the peace process.at the time.
John Hume convinced the IRA to give up its weapons. Their internal processes for doing that are a side point.
@Decko49:All of which could have been achieved through the civil rights movement.The likes of Sands,O’Hara died for freedom not equality they would turn in their graves.Adams was surrounded by Mi5 agents (Donaldson,McShane)do you seriously not think he wasn’t influenced?
@Tricia G: most sensible comment yet. The whole thing was a minefield. It’s plain that a lot of characters played their part and used their influence. A lot of necks were on the line.
@Badger the witness: Violence was never necessary for equality.Countless dead for what ?John Hume could of achieved this stalemate PIRA fought for freedom not normalisation.
@Wheresmyjumper: A lot of people were. She seemed a decent candidate at one point. That was before her wheels came off, bless her. Her mental health has deteriorated since then
@WESTY: Remarkable how people always say that AFTER the events. And yet history has shown just how rare your claims are in the real world. More often than not it’s a combination of multiple factors that lead to a change.
When you have an intransigent foe that perceives you as “less than” and treats you, your family and friends in an obviously prejudicial manner it shouldn’t come as a surprise that those people use all means open to them to change the status quo.
Your trite comments, made from a place of privilege and peace, ignore the reality of the situation.
@Tricia G: A place of “privilege” I’ve lost two uncles who fought during the conflict my father lost an eye I’m very aware of the time before there was peace.Do u have experience or did you see it on TV?
@WESTY: I’m not the one making the nonsensical suggestion that the Good Friday Agreement could have been achieved through purely peaceful means.
What’s remarkable to me is you claim to have lived through those times and actually believe that! Like you have conveniently forgotten the involvement of Ian Paisley in getting the Troubles started simply because he and his cohorts could see the way the wind was blowing.
You’re revising history to support your own narrative. And it’s clear to everyone here reading.
@WESTY: They tried Civil Rights – can you not remember? The British Army shot 14 UNARMED civil rights marchers DEAD and wounded another 13 by gun shots
The people of Dublin burned the British embassy to the ground, seriously can you not remember
@Tricia G: No your just blinded by the fact that violence wasn’t necessary to achieve equality.Theres a reason why east Tyrone left Sinn Fein we realise we were sold a pup.Civil right movement was never given a chance and yeah I prefer 20 more bloody Sunday’s than 3500 deaths.People who weren’t even involved just can’t admit they violence was necessary to achieve this current situation.
@Liam Ó hAodha: I remember I also remember the roughly 3500 people who died after for nothing.Do you not remember the international condemnation of the Brits action.The Brits would of bowed to political pressure and granted equality if such an incident occurred again.Sinners won’t admit they bought into a pup.Brits have no intention of leaving any time soon.If they did why would they spend a 100 million on a new Mi5 base.We in East Tyrone recognised this and hence why 5 cumans left SF.
@WESTY: So your saying the Civil Rights marchers should of kept going out marching to get slaughtered with no underground resistance and hopefully the UN would step in, eventually?
As you say roughly 3500 people died and the UN hardly mentioned the conflict let alone “Come in”
Answer me this, do you agree the French were right to resist occupation by Gorilla tactics?
Even the English used Gorilla tactics against occupiers over the centuries so don’t act like its something new!!
@Liam Ó hAodha: I do support armed action and the use of guerrilla tactics.However I do not support fighting for a cause and then abandoning it and proceeding to decommission weapons .I would support SF if they weren’t such hypocrites ,there’s a reason why more people are becoming disillusioned with the GFA we are no close to a united Ireland which I hope you would want.
@Feardorcha Ó Maolomhnaigh: yes…. that’s right!!!!! The IRA listened to Hume and not their own supporters!!!! Of course, Gerry Adams didn’t have as much sway as Hume when it came to convincing the IRA to lay down weapons!!!!!!
@Feardorcha Ó Maolomhnaigh: Oh dark man, you know what I mean. It’s a wonderful decision that clears a man wrongfully convicted. Nearly 2,000 people were interned, of which nearly 95% were nationalist and 5% loyalist. Sound like equal justice to you pal?
@Johnny 5: Not sure what the relevance of your last post is.
Mr Adams used the British justice system to quash an unlawful conviction. Clearly it is a fair and balanced system.
My question is very straightforward:
Is what you mean by saying “British justice laid bare once more.” is that the British system is fair and balanced as it allows an historical conviction to be quashed?
Or are you saying that British Justice is not fair and balanced and Mr Adam’s conviction should not have been quashed?
If you don’t want to clarify your ambiguous comment then that’s fine.
@Feardorcha Ó Maolomhnaigh: i think the insinuation is more that there have been countless instances of historical convictions of innocent men throughout the troubles rather than the current justice system.
I could be wrong but that would be my take on it.
There have been a number of obvious instances. The Guilford four and the Birmingham six come to mind, but not countless. Mr Adam’s can now technically can be counted as such.
It’s a bit disingenuous to criticise the entire British justice system when that very same system quashed those unlawful convictions
Every Justice system in the world has had wrongful convictions, be they by malicious agents or on technicalities. It is the sign of a robust judicial system that can rectify those wrongs.
This is the same man who was never in the IRA, he would have gained far more respect if he just admitted to his past, rather than trying to make out that he was Mother Teresa.
@Aging Lothario: Funny that, the most watched man during the troubles wasn’t ever arrested for being in the IRA? Why is that, perhaps it because he wasn’t. And there no proof to the contrary?
@Aging Lothario: If only some sort of a commission could be set up so those from all groups, legal or otherwise, could tell their stories and give the victim’s families some closure. But both governments don’t want their dirty laundry aired in public so it will never happen. The families will continue to have to fight for justice. Dublin, Monaghan, Kingsmill, Birmingham, Guildford, La Mon, Bloody Friday, Ballymurphy….they and so many others just want the truth.
@Aging Lothario: Interesting the amount of comments being reported on this thread……. People really do struggle to admit they’re wrong about a person they’ve invested so much energy into worshipping. Even when evidence clearly shows that they’re wrong in their adulation.
“When those that make the laws break the laws, there is no law”.
Anyone that argues that’s internment was legal and justified will disagree with today’s ruling but I personally believe it was not and therefore there can be no other outcome in this case.
Internment without trial should never be tolerated in a democratic society.
@Tricia G:
“Internment without trial should never be tolerated in a democratic society.”
Agree. The Israeli government for years has been using internment (called “administrative detention” by them) to imprison Palestinians without trial, many of whom are re-arrested each time the period of internment is finished.
When they are eventually charged with the “crime” of resisting the occupation of their land, Palestinians are tried in military courts, without the protections of law enjoyed instead by Israeli citizens, including hundreds of thousands of illegal settlers.
Yet the Irish government continues the pretence that Israel is a democratic country.
@Tricia G: Amongst all your extensive revisionist comments today, you missed one important part: this was not about if internment was wrong or not, it was about who signed the order, and subsequent impact of that. On the back of the incorrect authorisation, his belfast based cohort organised escapes, involving the horrific kidnapping of an individual. Stick with the facts, and internment without trial was wrong. On the other hand, putting individual like the 2 Gerrys, Keenan etc… off the scene, particularly as this was when they were disappearing and instigating the campaign in england, would have saved thousands of lives and potentially avoided the troubles.
As usual many of the comments here filled with personal bitterness. But the big news in this story is that 1,981 people were interned without trial between 1971 and 1975, and this case could mean that even under draconian British law many if not most of them were detained illegally by the British government.
A travesty of justice rectified. This man was never in the IRA. He said so himself.He is a man of his word. Terrible that he was imprisoned with those people.
He can now enjoy his 17,000 Dail pension and 50,000 lump and his MLA and MP pensions.
@Shay Leonard: Another libellous comment Shay. Or maybe you know something the PSNI don’t? If so, I would urge you to bring your information to the authorities.
Not the greatest fan of Gerry Adams but I do acknowledge the massive efforts himself and Martin McGuinness made to the peace process. Internment was wrong, many Irish suffered from so called British Justice during these times. It is the right judgement regardless of your political allegiances or opinions of Gerry Adams.
@Shay Leonard: Funny but you never mentioned Dublin Monaghan bombings, Bloody Sunday, Murders in Ballymurphy, and other people murdered by collision of British forces.. Of course revisionists see only one side.
@KEN L: the catholic church and numerous irish governments where good at covering up rape and pedophilia letting priests do what they like and when caught move them to a different parish
@Newnob: There actually is one way of looking at it that he personally did. If Stephenson with Adam’s support did not start the Provos/SF and the two pronged good cop/bad cop republican sectarianism in the early 70s, there is a chance that the 1969 riots would have been the extent of the serious violence and the 1972 and 1974 ceasefires may have become permanent. Unlike other civil unrests, SF’s approach, led by Adams, in explicitly denying everything to the grave, regardless of the fact that their war is over, means that every single comment on here is speculation, ironically unless it is provided by the British such as this decision.
@Shay Leonard: You realise that is completely irrelevant here.
He was convicted of attempting to escape an illegal imprisonment.
If there was evidence that supported your claims you can bet he would be arrested, charged and convicted but you can’t genuinely expect him to just admit it, can you?
@Rochey77: his imprisonment was unlawful so his attempt to escape convictions were also unlawful. If you had unlawful arrests and convictions you’d look to have them overturned too.
- Liam Adams sexually abused his own daughter
- Gerry knew for years and did nothing
- Liam Adams was working in a youth club after that
- Gerry told his niece to sign a court injunction
- She refused and Gerry has since stepped down
- That’s the same Gerry Adams who condemns the church cover up
Like his commitment to the peace process ADAMS has doggedly pursued his appeal against convictions arising from a pernicious “law” which saw many equally innocent persons detained behind bars having lost their liberty for long periods of time with no hint of a trial (As there was little or no evidence of any crime). Internment suited the Occupying forces but failed to achieve its aim; witness the GFA and years of relative peace in Ireland. Even if ADAMS was in the IRA, the prosecution lacked a fundamental bit of evidence; the signed order from a Minister. Being an imperative for detention and subsequent conviction , the Supreme Court had to grant the appeal.
@James Kelly: Outside of the “was he in the ‘RA’” silliness, no one but the guy in for a financial windfall today, will ever know who was the OC in the early 70s that pushed for bigger killing sprees? the decision to push, against the actual IRA chief of staff (funny how up until then, the Provo’s chief of staff was know, and then suddenly it wasn’t) at the time, and break the ceasefire in favour the bloody friday bombings, starting the process of disappearing and keeping it going until the people on the ground could take no more – whoever was the leader then, it’s up there with who shot JR? But it certainly wasn’t any “peacemaker” who continues to refute it.
What is certain is for a man who didn’t orchestrate one of the biggest reigns of terrors on both communities in the North, he certainly brought peace by stepping aside.
Internment was wrong. Getting off interment because the guy you were having ceasefire discussions months earlier didn’t sign a piece of paper with your name on it is downright lucky (and incompetent by the govt). Gerry Adams as a symbol of peace is up there with Pol Pot being a farmer’s friend and Pinochet being a man of the people.
the IRA that gerry adams supports are no better than criminal gangs, i sincerely doubt the irish electorate would celebrate the Hutch and Kinahan family if they stopped murdering people tomorrow
the irish electorate would say the murders shouldn’t have happened in the first place
@ooop: “Those who cannot remember the past are condemned to repeat it.”
We should all care about these things. Internment has happened regularly in many democratic countries. It should never be tolerated even if that legal repudiation is decades coming.
@Johnny 5: was expecting West Brit, but partionist is a new one! I’d say I fall into the ever increasing category of people who just don’t care anymore. And are ready for Ireland to grow up as a nation and stop blaming the Brits for every grievance ever. Because I can assure you they don’t ever think about us
@ooop: Perhaps you should care. History has a habit of repeating itself. It certainly was all the fault of successive British governments, successive Irish governments also share responsibility for the conflict in the six counties. They buried their heads in the sand concerning the apartheid state that existed in the six counties.
A respectful application of the law on appeal. It does not enhance or diminish the man in any way. For those of us who believe that there were dreadful war crimes committed by the republican movement (overseen by its leadership) this successful appeal has no significance. The innocent dead will not rejoice as the delusional few appear to express triumph.
@camio55: Yes dreadful things happened during the conflict in the six counties. Yet certain sections of commentators on comment on Republican violence , never mentioning Dublin Monaghan bombings which were carried out with the assistance of British intelligence in Dublin Monaghan bombings which was supported and aided by British intelligence. No mention of Bloody Sunday, The massacre of civilians in Ballymurphy and other innocent civilians murdered by loyalists again supported security forces. A bit of balance is nessecery.
@Donal Desmond: you miss @camio55′s respectful point about no winners or losers as a result of this court case. Your comment is what northern ireland people term ‘whataboutery’. The article is about the appeal of one individual who went on to lead a republican movement that within 12 months of this date had carried out a massive killing spree across Ireland and England. The chief point is that there will be some cheerleading this decision (which was essentially regarding historical process), and does not in anyway state that Adams was justified in the kidnapping, but purely that the initial ICO was not signed by the secretary of state. If anything, this is an acknowledgement that the UK parliament can get it wrong, and the will learn from it. If only the same individuals could show the same respect for victims that cannot bring retrospective court cases.
@Donal Desmond: Do not disagree and I was specially addressing the Adams story.
To take an unarmed man out of his house and shoot him in the back of the head is a war crime. To kill innocent civilians by bombing shopping malls or cities is a war crime. To kill innocent civilians marching is a war crime. Those people that led and perpetrated these heinous acts do not deserve our sympathy or admiration. The innocent that died are not here with us now because these groups took their precious lives in an orgy of savagery.
i remember the radio interview Norman Tebbit did the week martin mcguinness died ..
“Martin McGuinness was a murderer and a coward ”
but his role in the Good Friday agreement is that not significant ?
yes it is significant , it’s significant because of his cowardice , he knew the IRA had been infiltrated by British intelligence and he was soon to be arrested for murders he had personally committed.”
@camio55: Agree what happened was a sorry mess. However you seem to lay the blame on one side. The full force of British military might was used to preserve the status quo. A Classic example was internment. How many times have miscarriages of justice been carried out by the judicial system that sought to keep this status quo. Certainly Not making light of the tragic events in the six counties. Britain also must be held to account along with successive Irish governments that buried their heads in the sand concerning the apartheid state that existed in the six counties.
the SF party and their supporters argue murder was “war” but they cant argue IRA rapes and the subsequent cover ups, his niece Aine exposed Gerry beyond any reasonable doubt
@IRL77: You never included the murders perpetrated by security forces and their sponcered allies. The outcry from British politicians concerning British soldiers facing murder charges, very convenient to only mention one side of the conflict.
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