Creeslough man John Downey has been granted leave to appeal the decision to extradite him to Northern Ireland.
Downey, 67, whose trial for the IRA’s Hyde Park bombing collapsed in controversy five years ago, is wanted by prosecutors in Northern Ireland over the murders of two soldiers in 1972.
Downey was arrested at his home in Creeslough last October under a European Arrest Warrant after authorities in Northern Ireland determined they had sufficient evidence to charge him with the murders of Lance Corporal Alfred Johnston, 32, and Private James Eames, 33.
The soldiers died in a car bomb attack in Enniskillen, Co Fermanagh in August 1972.
RTTE reports that Ms Justice Aileen Donnelly said she granted the appeal to test whether it is an abuse of process.
Garnet Orange SC, for Downey, told the court: “There is a larger picture that simply cannot be ignored and this is one that must be dealt with in the context of whether public interest is best served in the surrender of Mr Downey.
“For instance, the trial in the UK in 2014 was stopped on the grounds it would be contrary to public interest to allow it to proceed.
“It’s hard to see how the public interest could really be any different from the public interest that the applicant raises.”
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