Melia v Dublin High Court Ireland

Melia v Dublin High Court Ireland

Removal to Ireland for retrial is not so oppressive as to constitute a bar; all reasonable steps must be taken to ensure proper care during removal; application for adjournment is refused and appeal dismissed.

Source-derived case information.

Parties
Claimant: Melia; Defendant: Dublin High Court Ireland
Jurisdiction
England and Wales
Judgment Date
07 March 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; application for adjournment refused.
Legal Topics
Extradition, Oppression Bar, Medical Grounds, Adjournment
Criminal Law Extradition Law Extradition Oppression Bar Medical Grounds Adjournment

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Parties

Melia

Claimant

Dublin High Court Ireland

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether removal of the appellant to Ireland for retrial would be oppressive due to his medical condition
  2. 2 Whether an adjournment should be granted to obtain an updated medical report

Ratio Decidendi

Removal to Ireland for retrial is not so oppressive as to constitute a bar; all reasonable steps must be taken to ensure proper care during removal; application for adjournment is refused and appeal dismissed.

Court Disposition

Appeal dismissed; application for adjournment refused.

Orders

  • Application for adjournment refused.
  • Appeal dismissed.