Angelo Fusco
Encyclopedia
Angelo Fusco is a former volunteer
in the Belfast Brigade
of the Provisional Irish Republican Army
(IRA) who escaped during his 1981 trial for killing a Special Air Service
(SAS) officer in 1980.
, along with Joe Doherty
and Paul Magee
, which operated in the late 1970s and early 1980s nicknamed the "M60 gang" due to their use of an M60 heavy machine gun
. On 9 April 1980 the unit lured the Royal Ulster Constabulary
(RUC) into an ambush on Stewartstown Road, killing one constable and wounding two others. On 2 May the unit were planning another attack and had taken over a house on Antrim Road, when an eight-man patrol from the SAS arrived in plain clothes, after being alerted by the RUC. A car carrying three SAS members went to the rear of the house, and another car carrying five SAS members arrived at the front of the house. As the SAS members at the front of the house exited the car the IRA unit opened fire with the M60 machine gun from an upstairs window, hitting Captain Herbert Westmacott
in the head and shoulder. Westmacott was killed instantly, and is the highest ranking member of the SAS killed in Northern Ireland. The remaining SAS members, armed with Colt Commando automatic rifles, submachine gun
s and Browning
pistols, returned fire but were forced to withdraw. Magee was apprehended by the SAS members at the rear of the house while attempting to prepare the IRA unit's escape in a transit van, while the other three IRA members remained inside the house. More members of the security forces were deployed to the scene, and after a brief siege the remaining members of the IRA unit surrendered.
. As the prisoners were moving towards the car park where two cars were waiting, an unmarked RUC car pulled up across the street outside Crumlin Road Courthouse
. The RUC officers opened fire, and the prisoners returned fire before escaping in the waiting cars. Two days after the escape, Fusco was convicted in absentia
and sentenced to life imprisonment with a minimum recommended term of thirty years.
before being arrested in January 1982, and was sentenced to ten years imprisonment for the escape and firearms offences under extra-jurisdictional legislation. A further three years were added to his sentence in 1986 after he attempted to escape from Portlaoise Prison
, and he was released in January 1992. Upon his release, he was immediately served with extradition
papers from the British government for his return to the Maze Prison in Northern Ireland to serve his sentence for the murder conviction. The extradition was granted by a District Court
but Fusco appealed, and in 1995 he won a legal victory when a judge at the High Court in Dublin ruled it would be "unjust, oppressive and invidious" to order his extradition due to the time lag involved. Fusco settled in Tralee with his wife and three children until February 1998, when the Supreme Court of Ireland brought an end to the six-year legal battle by ordering his extradition, but Fusco had already fled on bail
and a warrant was issued for his arrest.
Fusco was arrested at a police checkpoint in Castleisland
, County Kerry
on 3 January 2000. The following day he was being escorted back to Northern Ireland to be handed over to the RUC, when his handover was halted by a successful court appeal by Sinn Féin
. The arrest and abortive return of Fusco undermined the Northern Ireland peace process
, with Unionist
politicians including Ken Maginnis criticising the extradition being halted. Republicans were critical of Fusco's arrest, with leading Sinn Féin member Martin Ferris
stating "The Irish government should immediately move to rescind the warrant against Angelo Fusco. The action will cause great anger and resentment within the nationalist community", and graffiti
in one republican area read "Extradite Bloody Sunday war criminals, not Fusco". On 6 January Fusco was refused bail and remanded to prison in Castlerea
, County Roscommon
to await a legal review of his extradition, prompting scuffles outside the court between police and Sinn Féin supporters.
Fusco was freed on bail on 21 March pending the outcome of his legal challenge, and in November 2000 the Irish government informed the High Court that it was no longer seeking to return him to Northern Ireland. This followed a statement from Secretary of State for Northern Ireland
Peter Mandelson
saying that "it is clearly anomalous to pursue the extradition of people who appear to qualify for early release under the Good Friday Agreement scheme, and who would, on making a successful application to the Sentence Review Commissioners, have little if any of their original prison sentence to serve". After the court hearing Fusco stated "I’m relieved it’s over", and that he would continue to live in Tralee with his family and work for Sinn Féin. In December 2000 Fusco and three other IRA members, including two other members of the M60 gang, were granted a Royal Prerogative of Mercy
which allowed them to return to Northern Ireland without fear of prosecution.
Volunteer (Irish republican)
Volunteer, often abbreviated Vol., is a term used by a number of Irish republican paramilitary organisations to describe their members. Among these have been the various forms of the Irish Republican Army and the Irish National Liberation Army...
in the Belfast Brigade
Provisional IRA Belfast Brigade
The Belfast Brigade of the Provisional IRA was the largest of the organisation's command areas, based in the city of Belfast. Founded in 1969, along with the formation of the Provisional IRA, it was historically organised into three battalions; the First Battalion based in the...
of the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
(IRA) who escaped during his 1981 trial for killing a Special Air Service
Special Air Service
Special Air Service or SAS is a corps of the British Army constituted on 31 May 1950. They are part of the United Kingdom Special Forces and have served as a model for the special forces of many other countries all over the world...
(SAS) officer in 1980.
Background and IRA activity
Fusco was born in west Belfast in 1956, to a family with an Italian background who owned a fish and chip shop. He joined the Belfast Brigade of the IRA and was part of a four-man active service unitActive Service Unit
An active service unit was a Provisional Irish Republican Army cell of five to eight members, tasked with carrying out armed attacks. In 2002 the IRA had about 1,000 active members of which about 300 were in active service units....
, along with Joe Doherty
Joe Doherty
Joe Doherty is a former volunteer in the Belfast Brigade of the Provisional Irish Republican Army who escaped during his 1981 trial for killing a member of the Special Air Service in 1980...
and Paul Magee
Paul Magee
Paul "Dingus" Magee is a former volunteer in the Belfast Brigade of the Provisional Irish Republican Army who escaped during his 1981 trial for killing a member of the Special Air Service in 1980...
, which operated in the late 1970s and early 1980s nicknamed the "M60 gang" due to their use of an M60 heavy machine gun
M60 machine gun
The M60 is a family of American general-purpose machine guns firing 7.62×51mm NATO cartridges from a disintegrating belt of M13 links...
. On 9 April 1980 the unit lured the Royal Ulster Constabulary
Royal Ulster Constabulary
The Royal Ulster Constabulary was the name of the police force in Northern Ireland from 1922 to 2000. Following the awarding of the George Cross in 2000, it was subsequently known as the Royal Ulster Constabulary GC. It was founded on 1 June 1922 out of the Royal Irish Constabulary...
(RUC) into an ambush on Stewartstown Road, killing one constable and wounding two others. On 2 May the unit were planning another attack and had taken over a house on Antrim Road, when an eight-man patrol from the SAS arrived in plain clothes, after being alerted by the RUC. A car carrying three SAS members went to the rear of the house, and another car carrying five SAS members arrived at the front of the house. As the SAS members at the front of the house exited the car the IRA unit opened fire with the M60 machine gun from an upstairs window, hitting Captain Herbert Westmacott
Herbert Westmacott
Captain Herbert Richard Westmacott MC was a Special Air Service officer who became the first person to be awarded a posthumous Military Cross...
in the head and shoulder. Westmacott was killed instantly, and is the highest ranking member of the SAS killed in Northern Ireland. The remaining SAS members, armed with Colt Commando automatic rifles, submachine gun
Submachine gun
A submachine gun is an automatic carbine, designed to fire pistol cartridges. It combines the automatic fire of a machine gun with the cartridge of a pistol. The submachine gun was invented during World War I , but the apex of its use was during World War II when millions of the weapon type were...
s and Browning
Browning Arms Company
Browning Arms Company is a maker of firearms, bows and fishing gear. Founded in Utah in 1927, it offers a wide variety of firearms, including shotguns, rifles, pistols, and rimfire firearms and sport bows, as well as fishing rods and reels....
pistols, returned fire but were forced to withdraw. Magee was apprehended by the SAS members at the rear of the house while attempting to prepare the IRA unit's escape in a transit van, while the other three IRA members remained inside the house. More members of the security forces were deployed to the scene, and after a brief siege the remaining members of the IRA unit surrendered.
Trial and escape
The trial of Fusco and the other members of the M60 gang began in early May 1981, with them facing charges including three counts of murder. On 10 June Fusco and seven other prisoners, including Joe Doherty and the other members of the IRA unit, took a prison officer hostage at gunpoint in Crumlin Road Jail. After locking the officer in a cell, the eight took other officers and visiting solicitors hostage, also locking them in cells after taking their clothing. Two of the eight wore officer's uniforms while a third wore clothing taken from a solicitor, and the group moved towards the first of three gates separating them from the outside world. They took the officer on duty at the gate hostage at gunpoint, and forced him to open the inner gate. An officer at the second gate recognised one of the prisoners and ran into an office and pressed an alarm button, and the prisoners ran through the second gate towards the outer gate. An officer at the outer gate tried to prevent the escape but was attacked by the prisoners, who escaped onto Crumlin RoadCrumlin Road
The Crumlin Road is a main road in north-west Belfast, Northern Ireland. The road runs from north of Belfast City Centre for about four miles to the outskirts of the city. It also forms part of the longer A52 road.-Lower Crumlin Road:...
. As the prisoners were moving towards the car park where two cars were waiting, an unmarked RUC car pulled up across the street outside Crumlin Road Courthouse
Crumlin Road Courthouse
The Crumlin Road Courthouse was designed by the architect Charles Lanyon and completed in 1850. It is situated across the road from the Crumlin Road Gaol and the two are linked by an underground passage....
. The RUC officers opened fire, and the prisoners returned fire before escaping in the waiting cars. Two days after the escape, Fusco was convicted in absentia
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
and sentenced to life imprisonment with a minimum recommended term of thirty years.
Imprisonment and extradition battle
Fusco escaped across the border into the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
before being arrested in January 1982, and was sentenced to ten years imprisonment for the escape and firearms offences under extra-jurisdictional legislation. A further three years were added to his sentence in 1986 after he attempted to escape from Portlaoise Prison
Portlaoise Prison
Portlaoise Prison is the Republic of Ireland's only high security prison. It is located in Portlaoise, County Laois. It should not be confused with the Midlands Prison, which is a newer, medium security prison situated directly beside it....
, and he was released in January 1992. Upon his release, he was immediately served with extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
papers from the British government for his return to the Maze Prison in Northern Ireland to serve his sentence for the murder conviction. The extradition was granted by a District Court
District Court (Ireland)
The District Court is the main court of summary jurisdiction in Ireland. It has responsibility for hearing minor criminal matters, small civil claims, liquor licensing, and certain family law applications...
but Fusco appealed, and in 1995 he won a legal victory when a judge at the High Court in Dublin ruled it would be "unjust, oppressive and invidious" to order his extradition due to the time lag involved. Fusco settled in Tralee with his wife and three children until February 1998, when the Supreme Court of Ireland brought an end to the six-year legal battle by ordering his extradition, but Fusco had already fled on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
and a warrant was issued for his arrest.
Fusco was arrested at a police checkpoint in Castleisland
Castleisland
Castleisland is a town and commercial centre in County Kerry in south west Ireland. The town is renowned for the width of its main street. Castleisland has a population of 2,170....
, County Kerry
County Kerry
Kerry means the "people of Ciar" which was the name of the pre-Gaelic tribe who lived in part of the present county. The legendary founder of the tribe was Ciar, son of Fergus mac Róich. In Old Irish "Ciar" meant black or dark brown, and the word continues in use in modern Irish as an adjective...
on 3 January 2000. The following day he was being escorted back to Northern Ireland to be handed over to the RUC, when his handover was halted by a successful court appeal by Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
. The arrest and abortive return of Fusco undermined the Northern Ireland peace process
Northern Ireland peace process
The peace process, when discussing the history of Northern Ireland, is often considered to cover the events leading up to the 1994 Provisional Irish Republican Army ceasefire, the end of most of the violence of the Troubles, the Belfast Agreement, and subsequent political developments.-Towards a...
, with Unionist
Unionism in Ireland
Unionism in Ireland is an ideology that favours the continuation of some form of political union between the islands of Ireland and Great Britain...
politicians including Ken Maginnis criticising the extradition being halted. Republicans were critical of Fusco's arrest, with leading Sinn Féin member Martin Ferris
Martin Ferris
Martin Ferris is an Irish Sinn Féin politician and a former Provisional Irish Republican Army volunteer. He has been a Teachta Dála for the Kerry North–West Limerick constituency since 2002 and is one of fourteen Sinn Féin representatives in the current Dáil.-Early life:Ferris was born in...
stating "The Irish government should immediately move to rescind the warrant against Angelo Fusco. The action will cause great anger and resentment within the nationalist community", and graffiti
Graffiti
Graffiti is the name for images or lettering scratched, scrawled, painted or marked in any manner on property....
in one republican area read "Extradite Bloody Sunday war criminals, not Fusco". On 6 January Fusco was refused bail and remanded to prison in Castlerea
Castlerea
Castlerea is located in the west of County Roscommon, Ireland. It is the second largest town in the county with a population of 3,055 . Roughly translated from Irish, Castlerea can mean Brindled Castle or King's Castle...
, County Roscommon
County Roscommon
County Roscommon is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the town of Roscommon. Roscommon County Council is the local authority for the county...
to await a legal review of his extradition, prompting scuffles outside the court between police and Sinn Féin supporters.
Fusco was freed on bail on 21 March pending the outcome of his legal challenge, and in November 2000 the Irish government informed the High Court that it was no longer seeking to return him to Northern Ireland. This followed a statement from Secretary of State for Northern Ireland
Secretary of State for Northern Ireland
The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...
Peter Mandelson
Peter Mandelson
Peter Benjamin Mandelson, Baron Mandelson, PC is a British Labour Party politician, who was the Member of Parliament for Hartlepool from 1992 to 2004, served in a number of Cabinet positions under both Tony Blair and Gordon Brown, and was a European Commissioner...
saying that "it is clearly anomalous to pursue the extradition of people who appear to qualify for early release under the Good Friday Agreement scheme, and who would, on making a successful application to the Sentence Review Commissioners, have little if any of their original prison sentence to serve". After the court hearing Fusco stated "I’m relieved it’s over", and that he would continue to live in Tralee with his family and work for Sinn Féin. In December 2000 Fusco and three other IRA members, including two other members of the M60 gang, were granted a Royal Prerogative of Mercy
Prerogative of Mercy
In the British tradition the Prerogative of Mercy is one of the historic Royal Prerogatives of the British monarch in which he or she can grant pardons to convicted persons...
which allowed them to return to Northern Ireland without fear of prosecution.