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Court grants detention challenge Murder suspects decision deferred
(about 4 hours later)
Six people being held over the murders of two soldiers and a policeman have won High Court permission to challenge an extension of their detention period. A ruling will be given on Wednesday morning over the issue of extending the detention period for six dissident republican suspects held by police.
Four are being questioned about the murder of Sappers Mark Quinsey and Patrick Azminkar and the others over Constable Stephen Carroll's murder.Four are being questioned about the murder of Sappers Mark Quinsey and Patrick Azminkar and the others over Constable Stephen Carroll's murder.
They claim detaining them for an extra seven days breaches their right to liberty under EU human rights laws.They claim detaining them for an extra seven days breaches their right to liberty under EU human rights laws.
The case will now advance to an emergency full judicial review hearing. None of the six have been charged with any offence.
None of the six, which includes prominent republican Colin Duffy, have been charged. They include prominent republican Colin Duffy.
However, at the weekend a County Court Judge granted a police detention extension request brought under the 2006 Terrorism Act which allows police to hold suspects for up to 28 days before they must be formally accused or released. At the weekend a county court judge granted a police detention extension request brought under the 2006 Terrorism Act which allows police to hold suspects for up to 28 days before they must be formally charged or released.
After receiving written details of her decision, a three-judge panel headed by Lord Chief Justice Sir Brian Kerr ruled that the six applicants had put forward an arguable case. Lawyers for the suspects claim the extended detentions are unlawful.
Granting leave to apply for a judicial review, Sir Brian added: "It's our view that this raises points which are worthy of further consideration in a substantive application." However, a lawyer for the Crown said the six had been detained in what was a very important investigation.
He said the stakes were very high and of the greatest possible significance to society as a whole.
Lord Chief Justice Sir Brian Kerr said the issues involved were extremely important and not without complexity and he would make a ruling in the morning.