MJELR v Johnston [2008] IESC 11 (12 March 2008)

MJELR v Johnston [2008] IESC 11 (12 March 2008)

The appellant could not rely on delay caused by his own flight from justice; his medical/psychiatric condition did not meet the threshold for refusal of surrender; and no legitimate expectation arose from the Holyhead incident as there was no authoritative decision not to prosecute. The High Court judge made no error in law.

Citation
[2008] IESC 11
Parties
Applicant/respondent: The Minister for Justice Equality and Law Reform; Respondent/appellant: David Johnston
Jurisdiction
Ireland
Judgment Date
12 March 2008
Procedural Posture
European Arrest Warrant / Extradition Appeal / Supreme Court Appeal From High Court Order of Surrender
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
European Arrest Warrant, Delay in Extradition Proceedings, Legitimate Expectation, Medical Grounds for Refusal of Surrender
Criminal Law Extradition Law European Law European Arrest Warrant Delay in Extradition Proceedings Legitimate Expectation Medical Grounds for Refusal of Surrender

Case Brief

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Parties

The Minister for Justice Equality and Law Reform

Applicant/respondent

David Johnston

Respondent/appellant

Procedural Posture

European Arrest Warrant / Extradition Appeal / Supreme Court Appeal From High Court Order of Surrender

Legal Issues

  1. 1 Whether delay and/or the appellant's medical/psychiatric condition justified refusal of surrender under the European Arrest Warrant
  2. 2 Whether the appellant had a legitimate expectation that he would not be prosecuted or surrendered

Ratio Decidendi

The appellant could not rely on delay caused by his own flight from justice; his medical/psychiatric condition did not meet the threshold for refusal of surrender; and no legitimate expectation arose from the Holyhead incident as there was no authoritative decision not to prosecute. The High Court judge made no error in law.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Surrender of David Johnston to the United Kingdom on foot of the European Arrest Warrant dated 25 July 2006