Hyde Park bomb accused due in court over 1972 murders
Prosecutors say there's now sufficient evidence to charge John Downey over the deaths of 2 other soldiers in Enniskillen.
A man whose trial over the IRA's Hyde Park bomb collapsed in controversial circumstances will appear in a Dublin court later as Northern Ireland prosecutors seek to extradite him to face charges of murdering two soldiers.
John Downey was detained by Gardai on Monday evening under a European Arrest Warrant as part of a joint operation with the PSNI.
Downey, 66, was arrested in Co Donegal and is expected to appear at Dublin High Court this afternoon to face extradition proceedings.
Prosecutors in Northern Ireland have decided there is sufficient evidence to prosecute him for the murders of Lance Corporal Alfred Johnston, 32, a father of four, and Private James Eames, 33, a father of three, in Co Fermanagh.
They died when an IRA bomb exploded in a car they were checking on the Irvinestown Road, Cherrymount, Enniskillen on August 25, 1972.
In 2013, Downey was charged with murdering four Royal Household Cavalrymen in a bomb in London's Hyde Park in 1982.
He stood trial at the Old Bailey, but the case dramatically collapsed after it was revealed he had received a written assurance from former prime minister Tony Blair's government that he was not actively wanted by the authorities.
The letter was issued under the terms of the controversial On The Runs (OTRs) scheme.
Trial judge Mr Justice Sweeney ruled that Downey's arrest at Gatwick Airport, as he transited the UK on the way to a holiday, represented an abuse of process and he put a stay on any future prosecution in relation to the Hyde Park case.
The episode sparked a government inquiry into the OTR scheme.
Mr Downey has always denied any involvement in the Hyde Park attack.
The four soldiers killed in Hyde Park were Trooper Simon Tipper, 19, Lance Corporal Jeffrey Young, 19, Squadron Quartermaster Corporal Roy Bright, 36, and Lieutenant Anthony Daly, 23.
The IRA car bomb exploded as they made their way from their Kensington barracks to a Changing Of The Guard ceremony at Horse Guards Parade.
Announcing Monday's arrest, Detective Chief Inspector John Caldwell, from the PSNI's Major Investigation Team, said: "The PSNI has been liaising closely with An Garda Siochana and today's arrest demonstrates the benefits of joint working between police forces and other national partner agencies.
"The PSNI investigation into these murders remains active.''
Northern Ireland's Public Prosecution Service (PPS) confirmed on Monday a decision has been taken to prosecute a 66-year-old man for the Cherrymount murders.
A PPS spokesperson said: "Following careful consideration of all available evidence, a decision has been taken to prosecute one person for the offence of murder and for aiding and abetting the causing of an explosion.
"Extradition proceedings were initiated in the High Court in Dublin on Monday November 5, to seek the extradition of one man from the Republic of Ireland for trial in Northern Ireland.
"One man was subsequently arrested in County Donegal this evening and is due to appear in court in Dublin tomorrow.
"As proceedings are now live and before a Court we will not be making further comment on this case at this point.''
The families of the two deceased have been kept informed of developments.
THE 'OTR' CONTROVERSY
John Downey's collapsed trial for the Hyde Park bomb murders triggered a major political controversy over the until then little known On the Run scheme.
The OTR scheme was set up by Tony Blair's Labour government in 2000 in response to Sinn Fein lobbying for republicans who had fled the UK during the Troubles and were unsure whether they were wanted by the police.
The republican party had stressed the importance of addressing the issue in the context of shoring-up republican support for the peace process.
Under the terms of the scheme names of individuals were passed to the Government, the majority through Sinn Fein.
The names were then handed to police and prosecutors to assess their status.
A report on each individual, some of whom were Sinn Fein members, was sent back to the Government and, if they were declared as not being wanted, a letter of assurance was then issued to the individuals.
The PSNI was heavily criticised in the wake of the judgment as an evidence report it compiled on Mr Downey, which the Government used to determine whether to issue the letter, had not stated he was being sought by the Metropolitan Police.
A judge-led review of the OTR scheme ordered by then prime minister David Cameron found that it was systematically flawed in operation, but not unlawful in principle.
Lady Justice Hallett said a "catastrophic'' error had been made in the Downey case, but she insisted the letters of assurance did not amount to amnesties or get-out-of-jail-free cards.
Following the probe, the PSNI undertook to review the evidence in all 228 applicants made under the scheme to explore whether other errors have been made.
That exercise is still ongoing.