Prosecutive report + Buffalo clips · p.89
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FD-350 (Rey. 12-5-78)
(Mount Clipping in Spoce Below)
3 Canadians
To Challenge
'Secret' Data
By MARGARET. HAMMERSLEY
The use of“secret”information
The regional commissioner, as
to bar permanently three St. Catha-
agent or the U.S. attorney general,
rines residents from the United
willdecidewhethertheconfidential
States will be challenged by their
information offered by the INS here
attormeys in the Feb. 6 border-
shall be made public..
crossing case.
If so, the three St. Catharines
The lawyers said Wednesday
men, two electricians and a pest-
that they do not know what the
control worker, will be entitled to
three men are accused of in docu-
hearings before immigration court.
ments sent by the U.S. Immigration
Should the regional commission-
and Naturalization Service to the
er rule that the data is “confiden-
regional commissioner in Burling-
tial," Mr. Mahoney said, the de-
ton, Vt.
fendants wouid be excluded perma-
Attorney Mark Mahoney said
;nently and their attorneys would
counsel will meet in the next two
carry the case to higher courts.
days, possibly in Fort Erie, with
The same situation would appls
the three Irish natives who are now
to the two Irish nationals arrested
landed immigrants in Canada.
with one of the St. Catharines men
"What we object to and what we
Feb. 6 at the Whiripoool Bridge.
think is so wrong is that the INS
Edward Howell, 36, of Belfast,
seeks to use confidential informa-
released on $10,000 bail Tuesday,
tion," said Mr. Mahoney.
was taken by INS officers to· the
Defense affidavits will deny any
Whirlpool Bridge at Niagara Falls,
basis for exclusion that the INS
where he was handed over to Cana-
may allege and'will particularly
dian immigration officers.
deny that the three men are mem-
His companion at the time of the
bers of any organization that advo-
Feb. 6 arrest remains in custody
cates unlawfui possession of prop-
and will not post s25,000 bail on the
erty, Mr. Mahoney said.
criminal count of illegal entry. De
The INS, which held the three
smond Ellis, 27, faces a charge in
Canadian residents and two Irish
Dublin of possessing devices to trig-
nationals for two weeks without
ger expiosives and is trying to
bail, is seeking to exclude all five
avoid returming to the Irish Repub-
lic. Tbe INS contends he. jumped
links to the outlawed Irish Republi-
the equivalent of $50,000 bail there.
can Army.
The three St. Catharines meng
These links never .have been
are William O'Neill, arrested with
spelled out in public legal papers.
·Ellis and Howell;‘and James M.
AttorneyKevinDillonlikened
Kelly and william Gilroy, who
the legal probiem to trying to de
entered the U.S. im a separate car.
fend against a bank robbery charge
without any allegation about where
or when.
(Mount Clipping in Spoce Below)
3 Canadians
To Challenge
'Secret' Data
By MARGARET. HAMMERSLEY
The use of“secret”information
The regional commissioner, as
to bar permanently three St. Catha-
agent or the U.S. attorney general,
rines residents from the United
willdecidewhethertheconfidential
States will be challenged by their
information offered by the INS here
attormeys in the Feb. 6 border-
shall be made public..
crossing case.
If so, the three St. Catharines
The lawyers said Wednesday
men, two electricians and a pest-
that they do not know what the
control worker, will be entitled to
three men are accused of in docu-
hearings before immigration court.
ments sent by the U.S. Immigration
Should the regional commission-
and Naturalization Service to the
er rule that the data is “confiden-
regional commissioner in Burling-
tial," Mr. Mahoney said, the de-
ton, Vt.
fendants wouid be excluded perma-
Attorney Mark Mahoney said
;nently and their attorneys would
counsel will meet in the next two
carry the case to higher courts.
days, possibly in Fort Erie, with
The same situation would appls
the three Irish natives who are now
to the two Irish nationals arrested
landed immigrants in Canada.
with one of the St. Catharines men
"What we object to and what we
Feb. 6 at the Whiripoool Bridge.
think is so wrong is that the INS
Edward Howell, 36, of Belfast,
seeks to use confidential informa-
released on $10,000 bail Tuesday,
tion," said Mr. Mahoney.
was taken by INS officers to· the
Defense affidavits will deny any
Whirlpool Bridge at Niagara Falls,
basis for exclusion that the INS
where he was handed over to Cana-
may allege and'will particularly
dian immigration officers.
deny that the three men are mem-
His companion at the time of the
bers of any organization that advo-
Feb. 6 arrest remains in custody
cates unlawfui possession of prop-
and will not post s25,000 bail on the
erty, Mr. Mahoney said.
criminal count of illegal entry. De
The INS, which held the three
smond Ellis, 27, faces a charge in
Canadian residents and two Irish
Dublin of possessing devices to trig-
nationals for two weeks without
ger expiosives and is trying to
bail, is seeking to exclude all five
avoid returming to the Irish Repub-
lic. Tbe INS contends he. jumped
links to the outlawed Irish Republi-
the equivalent of $50,000 bail there.
can Army.
The three St. Catharines meng
These links never .have been
are William O'Neill, arrested with
spelled out in public legal papers.
·Ellis and Howell;‘and James M.
AttorneyKevinDillonlikened
Kelly and william Gilroy, who
the legal probiem to trying to de
entered the U.S. im a separate car.
fend against a bank robbery charge
without any allegation about where
or when.