murder of Mr. Creighton. And after his conviction, Kirby did not raise the issue of his confession in any appeal. While his failure to raise that defense in the courts of the United Kingdom does not necessarily preclude his raising the issue here, his failure to do so, as well as his not testifying in this trial, are significant here where Kirby bears the burden of proof.
The court finds that there was substantial evidence of Kirby's guilt of the death of Creighton and that the trial procedures were fair. The court therefore concludes that he was not convicted because of any of the protected factors, but because of the substantial evidence of his guilt.
3. The Conviction of Respondent Artt
Respondent Artt was convicted in 1983 of the 1978 murder of Albert Miles, the deputy governor of the Maze Prison, at Miles' home in Belfast. The RUC first arrested Artt in 1978 based on information linking him to the Miles' murder. Artt was questioned for several days, but was then released without being charged. In 1981, the police arrested Christopher Black, who gave them information about a number of criminal events and the people involved. One of those persons was Charles McKiernan, and the RUC then arrested McKiernan. McKiernan confessed to several crimes, including his role in the Miles murder. McKiernan identified Artt as the person who shot Miles. Based upon McKiernan's statement, the police arrested Artt. Artt was directly confronted by McKiernan, and on the third day of questioning, Artt confessed to the Miles murder.
In this extradition proceeding, Artt contends that he is innocent of the crime, and that his conviction was based entirely upon his involuntary confession.
(a) The hearing on Artt's confession
Prior to his trial in Northern Ireland, Artt moved for the exclusion of his confession. The trial court then conducted a suppression hearing concerning the confession. The hearing lasted for seven court days, and Artt testified for three days about the circumstances of the interrogation leading to his confession. Eleven RUC officers also testified at the hearing. Artt was given a full opportunity to offer evidence on all of the circumstances of his confession; indeed, the hearing was exhaustive.
Artt made several statements in his confession that were clearly his own statements, and which were obviously not fed to him by the police. Indeed, Artt admitted that he invented some of his statements in order to please the police or to please the court.
Following the testimony about the confession, Artt's attorney argued all of the possible grounds for finding the confession inadmissible, including physical mistreatment and threats. His counsel also argued the "inhumane treatment" standard, and asked for the exercise of the court's discretion. At the conclusion of the hearing, the trial court denied the motion to suppress the confession.
At the trial itself, Artt continued to deny that his confession was truthful. At the conclusion of the trial, the court articulated its power and its discretion to exclude the confession if Artt were subjected to ill treatment, oppression, prejudice or unfairness. The court made extensive factual findings, and found that Artt's confession was voluntary and that the circumstances of his interrogation did not require exclusion. This court need not recite all of those findings here. It is sufficient to say that an extensive hearing was held, and that the trial judge made findings and conclusions based upon the evidence. The court concluded:
I have no doubt but that all his confessions were freely and voluntarily given, and I am satisfied that they should be given full weight. I find it incredible that a young man of Artt's common sense as well as intelligence should confess to a murder which he did not commit....I am satisfied beyond reasonable doubt that Artt's confessions are true, that he was one of two gunmen who were sent out and did set out to kill Mr. Miles and that he deliberately shot at Mr. Miles with that intention and assisted in achieving the common purpose of murder.