THE arrest of an election candidate for the Fermanagh/South Tyrone for an attempted murder in 1981 has been described as 'an abuse of the electoral process'. The claim was made by defence solicitor, Peter Corrigan in reference to his client Terence (Gerry) Gerard McGeough.
McGeough, from Carrycastle Road, Gortmerron, Dungannon, along with his co-accused Vincent McAnespie (43), from Aghaloo Close, Aughnacloy appeared at Fermanagh Magistrate's Court on Monday amid heavy security both inside and outside the Court.
They were each charged with the attempted murder of Samuel John Brush, in June 1981. Two further allegations were also put to the defendants, who deny all charges. These are charges of conspiring with each other to murder Mr Brush, and with being in possession of a Colt revolver, a Webley revolver and ammunition with intent to endanger life.
A Detective Inspector told the court he believed he could connect both men before the court to the charges. McAnespie and McGeough were each remanded in custody to appear at Dungannon Magistrate's Court on April 4.
McGeough stood as an Independent Republican candidate for Fermanagh/South Tyrone in last Wednesday's election. He was arrested as he left the election count centre in Omagh on Thursday afternoon. He polled 814 votes. McAnespie was arrested a short time later in Aughnacloy.
Both men were then remanded in police custody and interviewed over the weekend until their court appearance in Enniskillen on Monday. A large number of supporters gathered in the public gallery, along with their two wives.
Supporters of the two mounted a protest outside the court, demanding the release of both men.
McAnespie appeared in the dock first, and spoke only to say 'not guilty'. Defence solicitor, Pat Fahy representing McAnespie, submitted that his client's arrest raised some 'very serious justice issues', with regard to the 'reason and manner the evidence has been assembled in this prosecution.'
He explained that his client had been living openly in Northern Ireland for the past four years, and 'has been making a valuable contribution to community life in that area'. And, he stated that the defendant had been 'instrumental in pushing forward' the peace process. The solicitor claimed that "the statements these charges have been brought on were not taken until the morning of March 11 (last Sunday).
"There is a very serious question over the manner the statements were taken from two witnesses," Mr Fahy submitted. "And, furthermore, this is the only evidence linking this man (McAnespie) to the charges against him. It seems to be a throwback to the very dark days which we thought were gone."
McGeough was then produced. His appearance brought a shout of 'Ola' from the public gallery, prompting the magistrate, Liam McNally to warn that the Court must be respected.
His solicitor, Peter Corrigan asked the investigating officer when the statements relating to McGeough had been taken. The Inspector, replying, said there was a large volume of evidence in this case, and that he wished to reserve his answer on specific statements at this time.
Mr Corrigan claimed the last statement implicating his client had been taken in 1994, and indicated these were the only allegations put to McGeough during the 14 interviews he had been subject to since his arrest on Thursday afternoon. The solicitor explained he intended to take an 'Abuse of Process' application in relation to these charges. He commented: "There was no case in 1994, no case in 1981, and no case today."
Referring to McGeough's arrest, his solicitor claimed it was: 'an abuse of the electoral process', and he submitted that the evidence in the case was 'untenable'. He questioned the Inspector about the timing of the arrest, and asked why it could not have happened at another time, and he further questioned the witness why extradition procedures could not have been implemented against McGeough when he lived in the Republic of Ireland.
The Inspector, in reply, explained that a file had been lodged with the Director of Public Prosecutions in 1995, who had then indicated McGeough should be arrested and interviewed if he entered Northern Ireland: "When we became aware he was in Northern Ireland, we took steps to do that."
However, Mr Corrigan said his client had been arrested leaving the count centre, adding, "Here was someone who put himself forward in a democratic election with his own particular viewpoint on a situation."
He also explained his client had been living in the area for some time, and had appeared openly on television interviews in the run-up to the election. He suggested that it was implausible the police were not aware of McGeough's presence in the area, and he further claimed that police would also have been aware when McGeough would have been making his electoral nomination.
McGeough was remanded in custody. He blew a kiss and waved to the public gallery as he was led from the dock.
