30.10.04
**From FENIAN VOICE, via IRA2 (see links)
Courtesy of Jay Dooling:
http://www.irishdeportees.com
October 29, 2004
Ciaran Ferry Update
As supporters and media filled the courtroom
yesterday, eagerly awaiting a decision on Ciaran
Ferry's habeas corpus petition, Judge Nottingham
determined that he would not make a public ruling
that day. Instead, he stated that he now plans to
rule in a week or so.
Judge Nottingham would not permit Ciaran's legal
team to present any evidence or witnesses, and
Ciaran was not able to speak on his behalf.
Ciaran's legal team had requested that they be
permitted a full evidentiary hearing, arguing that
Ciaran's conviction in a juryless Diplock court in
Northern Ireland could not be recognized
under U.S. jurisprudence. Judge Nottingham
indicated that he had already drafted his opinion
based on the written submissions and had no need to
hear witnesses or accept any further evidence.
Legal observers found this to be ominous and
believe that Judge Nottingham may rule that he has
no jurisdiction to question the Attorney General's
decision in this case.
Ciaran's counsel wanted to know what was the
government's position on releasing Ciaran. The
government representatives replied: "Mr. Ferry holds
the keys to his jail cell himself. If he wants to
return to the United Kingdom, he is free to do so
where he isn't under threat of bodily harm".
After the hearing, Ciaran's supporters stated that
they were confused and disappointed at the very brief 10
minute proceeding which the Judge allowed on oral
argument to discuss this case. Ciaran has been
waiting for a decision for over a year and a half
since the preliminary hearing on this matter.
Ciaran Ferry stated that he is in good spirits and
wanted to extend his appreciation to all of the
supporters who sent letters of support to him and
his family and to those who attended the hearing.
The courtroom was overcome with emotion when the
U.S. Marshall's permitted Ciaran to briefly hold his
3 year old daughter, Fiona, for the first time in
two years and to embrace his wife, Heaven. Ciaran
has been on no-contact restrictions since his
incarceration over two years ago.
Heaven believes that her family's situation is now
very precarious. "If Judge Nottingham does not
challenge the government's illegal actions in
denying my husband his due process rights, he will
force us to return with our 3 year old daugther to
Belfast where my husband is on a loyalist hit list".
Deanna Turner
Irish Deportees of America Committee
http://www.irishdeportees.com
#1-800-947-4282
Courtesy of Jay Dooling:
http://www.irishdeportees.com
October 29, 2004
Ciaran Ferry Update
As supporters and media filled the courtroom
yesterday, eagerly awaiting a decision on Ciaran
Ferry's habeas corpus petition, Judge Nottingham
determined that he would not make a public ruling
that day. Instead, he stated that he now plans to
rule in a week or so.
Judge Nottingham would not permit Ciaran's legal
team to present any evidence or witnesses, and
Ciaran was not able to speak on his behalf.
Ciaran's legal team had requested that they be
permitted a full evidentiary hearing, arguing that
Ciaran's conviction in a juryless Diplock court in
Northern Ireland could not be recognized
under U.S. jurisprudence. Judge Nottingham
indicated that he had already drafted his opinion
based on the written submissions and had no need to
hear witnesses or accept any further evidence.
Legal observers found this to be ominous and
believe that Judge Nottingham may rule that he has
no jurisdiction to question the Attorney General's
decision in this case.
Ciaran's counsel wanted to know what was the
government's position on releasing Ciaran. The
government representatives replied: "Mr. Ferry holds
the keys to his jail cell himself. If he wants to
return to the United Kingdom, he is free to do so
where he isn't under threat of bodily harm".
After the hearing, Ciaran's supporters stated that
they were confused and disappointed at the very brief 10
minute proceeding which the Judge allowed on oral
argument to discuss this case. Ciaran has been
waiting for a decision for over a year and a half
since the preliminary hearing on this matter.
Ciaran Ferry stated that he is in good spirits and
wanted to extend his appreciation to all of the
supporters who sent letters of support to him and
his family and to those who attended the hearing.
The courtroom was overcome with emotion when the
U.S. Marshall's permitted Ciaran to briefly hold his
3 year old daughter, Fiona, for the first time in
two years and to embrace his wife, Heaven. Ciaran
has been on no-contact restrictions since his
incarceration over two years ago.
Heaven believes that her family's situation is now
very precarious. "If Judge Nottingham does not
challenge the government's illegal actions in
denying my husband his due process rights, he will
force us to return with our 3 year old daugther to
Belfast where my husband is on a loyalist hit list".
Deanna Turner
Irish Deportees of America Committee
http://www.irishdeportees.com
#1-800-947-4282
