A three-judge court in Dublin upheld a decision to extradite two men to Northern Ireland over charges linked to the 1975 murder of RUC Constable Robert John McPherson in County Derry.

John Edward McNicholl, 73, from Newmills in Co Donegal, faces charges of murdering the 25-year-old officer and attempting to murder a second constable. The incident occurred on July 26, 1975. Seamus Christopher O'Kane, 74, from Scalestown in Co Meath, faces charges of possessing firearms, including one taken from the RUC during the ambush. Those firearms were recovered by RUC officers in Garvagh, Co Derry, on February 16, 1976.

Both men escaped from Maze Prison via a tunnel in May 1976 before trial. O'Kane has resided openly in Co Meath for nearly 50 years. McNicholl returned to the Republic after deportation from the United States in 2003.

The court imposed a stay on the extraditions to permit appeals to the Supreme Court. At a prior High Court hearing, Mr Justice Patrick McGrath ruled no evidence showed the men would not get a fair trial in Northern Ireland. He found delay in issuing warrants insufficient to block surrender.

Mr Justice Alex Owens, in the Court of Appeal judgment on Monday, noted long delays pointed to maladministration in Northern Ireland but did not warrant refusal. He stated courts lack power to dismiss surrender requests solely due to unexplained delays by the issuing state.

Lawyers for the men claimed the delay amounted to abuse of process. Justice Owens ruled delay alone, absent a breach of constitutional or European Convention rights, provides no basis for refusal.

He dismissed arguments that extradition violated the men's rights after decades of normal lives, stating fugitives hold no legitimate expectation of permanent immunity. Ordinary activities like marriage or home ownership do not override Ireland's extradition duties under the UK Trade and Cooperation Agreement.

Justice Owens also rejected health-related objections as insufficient grounds for refusal.