McMullen's application for bail, Mr McFall indicated his view that the magistrate in the case had been influenced to some extent in his favour by the period McMullen had already spent in custody. On the other hand, there was some very tentative evidence in existence which suggested that McMullen might have made an abortive attempt to escape from custody. It was not entirely clear how much weight should be placed upon this evidence, but there was a possibility that the magistrate might have attributed some weight to it. It was noted with some irony that the delay taken in bringing the case to a final conclusion which was now giving rise to the possibility that the magistrate might grant McMullen bail was due in no small measure to the time the magistrate herself had taken to resolve the issues referred to her.
18.
Mr Newell noted that there had been a suggestion in April that a bilateral meeting to discuss the tactics for handling forthcoming developments in the case might be useful. It was however agreed that there would be little value in such a meeting in the short term and that it might reasonably be postponed until McMullen's present argument on
constitutionality had been resolved. It was recognised that there might well be value in due course in preparing a note on the circumstances of the Guildford case which might be made available as part of the discovery process. Such a note should not however be prepared at present, since there were likely to be important developments in connection with the investigations which had been commissioned into matters connected with the Guildford case by the time the nature of UK proceedings was likely to arise as an issue in McMullen's
case.
Attorney Work Product
19.
Mr Nelson referred to the paper which had been presented by the US side at the talks in April, a response to which was contained in the detailed paper which had now been provided. The US representatives agreed to consider the points contained in the UK paper.
There followed a brief discussion of the present position in general in relation to extradition cases involving alleged terrorists, in which the US representatives referred to recent case law which had incorporated the concept of the laws of war into the application of the political offence exception. Mr Angel emphasised the importance which the UK side attached to terrorist cases which were seen as a bench mark of the efficacy of extradition relations between the UK and the US more generally. The outcome of the present McMullen and Doherty cases was likely to affect the extent to which the US would be perceived in future as a safe haven for IRA fugitives.
Speciality
20. Mr Harris referred to the discussions which had taken place in April concerning the difficulties created for the US authorities as a result of the UK's need, on receipt of an extradition request, to translate the circumstances of an
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