AN American judge has accused British courts of convicting IRA suspects on “purely political grounds”, and described terrorists released early under the Good Friday agreement as former political prisoners.

Judge Rose Peters made her comments as she refused the American government permission to deport Sean O’Cealleagh, who was convicted of aiding and abetting the murder of two British army corporals at an IRA funeral in 1988.

In a ruling that will have implications for other former paramilitaries seeking sanctuary in America, the judge said: “The court has come to the conclusion that there are problems with this conviction, which leads me to the belief that the conviction was a purely political offence. Everything in this case from beginning to end labels this as political.”

Citing several studies by human-rights groups, she said the Belfast courts’ handling of the case had “failed to satisfy international fair trial standards”.

She ruled that O’Cealleagh should be allowed to live permanently in America. The government has 30 days in which to appeal and has said that it may do so.

Sean Kelly, 35, was released early under the Good Friday agreement and has always protested his innocence. In 2001, he adopted the Irish version of his name, O’Cealleagh, and went to America. He was granted permanent residency under the Green Card scheme and now works in O’Malley’s, an Irish bar on Seal beach near Los Angeles.

Immigration officials told the court they were unaware of his background until they picked it up as a result of new security measures after 9/11. They arrested him in February as he stepped off a plane after a trip to Belfast.

Peters found that he had adequately disclosed his conviction and incarceration to immigration officials and that those officials determined that his offence was based on political grounds. She noted that the case had gained “a lot of notoriety” over the years.

In a swingeing attack on the British legal system she added that O’Cealleagh was tried in a politically charged atmosphere and that the deck was stacked against him. She noted that he was convicted in the Diplock courts and released under an agreement “only applicable to political prisoners”.

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