October 29, 2004
I. Ciaran Ferry's Habeas Corpus Hearing before Judge
Nottingham in Denver did not go well. One could
fairly say it was a waste of time.
. The hearing lasted a meager 10 minutes after a wait
of a year and a half for a decision on the case.
. The Judge allowed no evidence to be submitted by
Ciaran's lawyer, nor were witnesses allowed to testify
at the Hearing.
. Neither was Ciaran allowed to speak on his own
behalf.
. The Judge has apparently already made up his mind,
will not seek more evidence nor allow any witnesses,
and has already drafted an opinion based on the paper
work previously submitted.
. Judge Nottingham will announce his decision in a
week or so.
II. One sad positive: Federal marshals allowed
Ciaran to hold his 3 year old daughter, Fiona, and
embrace his wife, Heaven, for the first time in 2
years.
III. The following is a more detailed report from
Deanna Turner of the Irish Deportees of America
Committee.
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 no 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 emotional 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 daughter to Belfast where
my husband is on a loyalist hit list.'"
IV. Contact the Irish Deportees of America Committee
at <
http://www.irishdeportees.com> for further
information on the cases of Ciaran Ferry, John
McNicholl and Malachy McAllister.