Minister for Justice Equality & Law Reform -v- Gardener [2007] IESC 40 (30 July 2007)

Minister for Justice Equality & Law Reform -v- Gardener [2007] IESC 40 (30 July 2007)

The appeal fails because the appellant was the cause of the delay by failing to attend court, and there is no evidence of a fundamental defect in the UK justice system or any basis for seeking further information under section 20 of the 2003 Act.

Citation
[2007] IESC 40
Parties
Applicant/respondent: Minister for Justice, Equality and Law Reform; Respondent/appellant: Roger Michael Gardener
Jurisdiction
Ireland
Judgment Date
30 July 2007
Procedural Posture
Appeal (extradition) / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant
Outcome
appeal dismissed; High Court order for surrender affirmed
Legal Topics
European Arrest Warrant, Prosecutorial Delay, Mutual Recognition of Judicial Decisions, Judicial Cooperation, Extradition Procedure
Criminal Law Extradition Law European Union Law European Arrest Warrant Prosecutorial Delay Mutual Recognition of Judicial Decisions Judicial Cooperation Extradition Procedure

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Parties

Minister for Justice, Equality and Law Reform

Applicant/respondent

Roger Michael Gardener

Respondent/appellant

Procedural Posture

Appeal (extradition) / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant

Legal Issues

  1. 1 Whether prosecutorial delay justified refusal of surrender under European Arrest Warrant
  2. 2 Whether High Court erred in not seeking further information from issuing authority under section 20 of the European Arrest Warrant Act 2003

Ratio Decidendi

The appeal fails because the appellant was the cause of the delay by failing to attend court, and there is no evidence of a fundamental defect in the UK justice system or any basis for seeking further information under section 20 of the 2003 Act.

Court Disposition

appeal dismissed; High Court order for surrender affirmed

Orders

  • Appellant to be surrendered to the United Kingdom under the European Arrest Warrant
  • Appeal dismissed