Friends of Roisin-From Radio Free Eireann id EAA06367; Thu, 9 Oct 1997 04:40:24 -0400 Via NY Transfer News Collective * All the News that Doesn't Fit source: Pamela Somers Tue, 07 Oct 1997 08:43:34 -0400 Endgame for Roisin McAliskey? By Lin Solomon In the excitement over the renewed Peace Process the case of Roisin McALiskey has been largely forgotten. The daughter of former MP Bernadette McAliskey is still wanted by the Germans, who say she took part in the IRA attack at Osnabruck barracks on June 28th, 1996. The charge is attempted murder of over one hundred British soldiers. The possible sentence - fourteen years to life imprisonment. Last Tuesday in London the long delayed estradition hearing commenced only to be delayed yet again. Although Roisin had agreed that proceedings could go ahead in her absence, stipendary magistrate Nicholas Evans ruled that he would hear the procedural evidence for the commital to extradite, but could not sign the final papers unless she was physically brought into the court. Roisin still resides at a secure mother and baby clinic in a psychiatric hospital, and the doctors had informed the court that she was still too ill to attend in person. Barristers were left with the task of working out a mechanism whereby, in all probability, the magistrate will travel to the hospital to process the paperwork. Another farcical suggestion is that a nurse from the hospital will appear at Bow Street as a "proxy". Last May Roisin was granted bail, set at 193,000 lbs, after a titanic battle in the High Court which saw Commissioner for the Metropolitan Police, Sir Paul Condon, called to account for police opposition. Although the frantic behind-the-scenes activity with the new Labour government helped tip the balance in favour of bail, the court will have to accede to the German request for extradition - any attempt to raise up the material facts of the case has been ruled out. This is an invidious and perplexing situation - the proper place for evidence to be heard and evaluated is in court, but the strict letter of the law on extradition denies McAliskey that fundamental human right. In practice this will mean that Roisin McAliskey can be transported to and imprisoned in Germany for a probable two years until the case is heard. International Commission In an unusual and bold move, an Independent International Commission chaired by former US Attorney General, Ramsey Clarke, has taken up the case. Mr. Clarke is also a lawyer of international renown. The commission's establishment demonstrates that the McAliskey case is viewed in many quarters as mere local matter. The team will seek to establish whether in their view a prima facie case against Roisin McAliskey is sustainable, and will travel to London, Ireland and Germany to hear witnesses and assess the evidence. The documentation includes the details of Roisin McAliskey's whereabouts for the period in question. Papers only recently disclosed by the Germans show that neither they or the RUC have, in the fifteen months since the bombing at Osnabruck in June 1996, made any attempt to determine whether or not it was possible that McAliskey could have been in Germany on the dates specified. Alibi Evidence Not to Be Heard by UK Courts Prior to her arrest, and at the time of the attack, Roisin worked for the Irish World organization based in Dungannon. Set up with UK government funding, Irish World provides training places for the long term unemployed. Roisin's job during June 1996 was to check up and report back to head office on the trainees at their places of work. Daily worksheets were kept. Affadavits confirming Roisin's presence at work on crucial dates between the 14th and 28th of June 1996 have been taken from Irish World's managing director, finance director, and other employees. The main pillar of the German warrant of arrest is the evidence of Manfred Schmidt, the landlord of a holiday home near Osnabruck, which the IRA unit were alleged to have rented. The warrant says that Schmidt identified one of the women called 'Beth', as Roisin. In March, Manfred Schmidt retracted that evidence on German TV. Recently translated German prosecution papers show that there were three further witnesses, Mrs. Schmidt, her 13 year old daughter and Mr. Beckermann, who saw 'Beth' before the attack. Yet when police showed them photos of Roisin, they were positive that she was not the same woman. Mr. Schmidt is quite clear in his police interview that he saw 'Beth' on Wednesday, the 19th of June, at 6pm at the holiday home. The affadavits from Roisin's employer show that she was at work on the 19th of June, a Wednesday. It would have been impossible for her to arrive at the holiday home by 6pm to be seen by Manfred Schmidt, unless she took the 19th off. The travel connections required simply do not fit the time available for such a journey. The Schmidt police interview also states that on the 17th or 18th of June, a Monday and Tuesday, he entered the holiday cottage when 'Beth' was out, and looked at her passport, which was lying on one of the beds. 'Beth' couldn't travel without a passport, so she was clearly in the vicinity on those dates, too. Mr. Beckerman also says he saw 'Beth' on one of those dates. But Roisin's workplace records confirm that she was at work. Amusingly, the German documents reveal that Mrs. Schmidt noted that 'Beth' was afraid of the chickens kept on the property. Although it is unlikely that a chicken will be asked to participate in any court room antics, Roisin McAliskey was raised around these birds and has never displayed the slightest fear of them. Magical Fingeprints The Ramsey Clarke commission will study the case of Irish actor James Corry, arrested on a German warrant in Dublin. Corry was freed when the Germans would not cough up the evidence, and it was shown that he could prove he was elsewhere on the dates cited. The question of reciprocity was also a factor, as Germany has opted out that part of the Extradition Treaty which requires it to extradite its own nationals. Corry's warrant, like that of Roisin, said that his fingerprints had been found on an item at the house in Germany. But as Corry was able to prove his fingers were still attached to his body in Ireland on the dates specified. He would have to be an exceptionally talented actor to have been able to leave his fingerprints in Germany on those same dates. Despite repeated requests, the German authorities are still unwilling to disclose the full fingerprint file to Roisin McAliskey's lawyers. The logic of Corry's case applies to McALiskey as well - if she was in Northern Ireland on the dates in the warrant, how could she have left a fingerprint in Germany ? Apart from the discredited identification and fingerprint evidence, there is one more item said to link Roisin to the Osnabruck attack. Mr. Schmidt's daughter says that the woman 'Beth' gave her a slip of paper upon which she had written an address in Scotland. The Germans say the handwriting is McAliskey's. However, the German forensic report which was disclosed in May actually states that because the handwriting is in block capitals it would be difficult to either rule anyone out or in as its author. Further, the German authorities only received a sample of Roisin 's handwriting from the RUC in Northern Ireland eight weeks ago. It is difficult to see how their expert report could gave come to any conclusion at all without such a central theme. Hall of Mirrors Mystery and confusion surrounds the entire Osnabruck scenario. The attack appeared to be bungled. The German documents reveal that two of the 'barrack - buster' mortars contained sand instead of explosive. Within days reports in the English press named 'Michael Dickson' as the IRA man who had led the attack. Why would the Germans release the name and photograph of a man they were in hot pursuit of ? The effect would lead him to scurry to a place of safety. The documents show that 'Dickson' left an unusual Hansel and Gretel paper trail in his wake, hiring vehicles with his own passport, broadcasting his own name across Germany and Ireland. The documents say he took a ferry from Roscoff to Cork on the 30th of June two days after the attack - but no ferries sailed that route on that date. The press reports, citing only 'security' sources. declared that he was a well known ex-British Army soldier from Glasgow , who joined the Wolfe Tone Republican flute band, bragged and blagged his way round the pubs, and loudly proclaimed his Republican credentials and active service status. The most recent press report, citing 'reliable' Republican and 'security' sources in Belfast, states that the IRA recently killed 'Dickson' because he had bungled Osnabruck. This is hardly the known common practice of the IRA. But careful analysis of the timing and lack of checkable sourcing in these reports suggests that the information ab0ut 'Dickson' has been deliberately placed. The whereabouts of all those named on the warrant are all well known. All those except 'Dickson', and we are now to believe he is dead. The story does not display the contours of truth. The Theipval Connection But why is it that Roisin McAliskey is in the frame at all? To begin to answer that, we have to return to her original arrest. Roisin was swept up in the rash of detentions which occurred after the 7th of October IRA attack on Theipval Barracks in Lisburn, where one soldier died and thirty-one were injured. Unlike Osnabruck, this attack was no cock-up. Bombing the headquarters of the British Army in Northern Ireland could not have been more significant for both the Army and the RUC. Put simply, the enemy had breached the citadel wall and swaggered away. As the RUC press release of 8th October put it - "This attack should be seen for what it was - the IRA's version fo the unprovoked and undeclared attack on Pearl Harbor". To carry it out demanded sophisticated intelligence and audacity. The RUC have detained a well known ex-Republican prisoner from West Belfast, who they believe is central. They also detained Roisin and a number of other young women who they think met this man in the course of socialising or work. Although they brought forward no evidence to back it up, the RUC line was that the women had supplied the broad intelligence necessary to carry out the bombing. At no point in the questioning of the women was Osnabruck ever raised. It was only after several days of interrogation that extradition was mentioned. Roisin was then told that unless she signed a statement admitting that she had 'directed acts of terrorism', she would find herself in Germany. A day later, she was flown to London, and at the instigation of the RUC, the extradition warrant winged its way from Germany. Her interrogators had made a point of telling her that they would find something for 'Bernie's' daughter. Endgame After Roisin is finally committed for extradition, the case will land upon the desk of British Home Secretary Jack Straw. A full dossier of the material and evidential facts of the case will be presented to him. It is within his power to stop the proceedings - or allow them to go forward. Ramsey Clarke's international Commission will also report to the wider community. Other parties who will receive the dossier denied an airing in the UK courts include the German Justice Minister, Edzard Schmidt-Jortzig, Irelan's Foreign Minister, Ray Burke, Irish Justice Minister, John O'Donoghue, the US Congressional Human Rights Caucus, and the European Union Civil Liberties Committee. Jack Straw may decide that in the interests of justice, and with international interest in the case swiftly swelling towards Birmingham Six proportions, that he will stay proceedings, and Roisin will finally go home. Many questions will remain unanswered. How is it that huge public resources, now most certainly amounting to many hundreds of thousands of pounds, were used so extravagantly when the evidence to indict was so poor ? But whatever the uncertain future, the reality for Roisin McAliskey is that for the past ten months she has been caught at the centre of the Kafkaesque legal web that is UK Extradition law, with her life indelibly marred by a pregnancy spent in custody, and the birth of her daughter Loinnir used as a bargaining chip for her freedom. ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytire-10.09.97-04:40:26-7059