The Minister For Justice v Kathleen Sharina McCarthy (Approved) [2026] IECA 22 (02 March 2026)

The Minister For Justice v Kathleen Sharina McCarthy (Approved) [2026] IECA 22 (02 March 2026)

Surrender was refused because there was no direct evidence, nor sufficient basis for inference, that the Appellant was informed or aware that her trial could proceed in her absence. The requirements of Article 601(1)(i) TCA and the relevant Irish statutory provisions were not met, as knowledge of the consequences of non-attendance could not be established. The trial judge erred in inferring an unequivocal waiver of the right to attend trial from the available evidence.

Citation
[2026] IECA 22
Parties
Applicant/respondent: The Minister for Justice; Respondent/appellant: Kathleen Sharina McCarthy
Jurisdiction
Ireland
Judgment Date
02 March 2026
Procedural Posture
Appeal (extradition/surrender) / Court of Appeal Judgment on Appeal From High Court Order for Surrender
Outcome
Appeal allowed; surrender refused
Legal Topics
Extradition Under Trade and Co Operation Agreement, In Absentia Trials, Waiver of Right to Attend Trial, Article 6 ECHR (fair Trial), Surrender Procedures, Knowledge of Trial and Consequences, Right to Retrial or Appeal
Criminal Law Extradition Law European Union Law Human Rights Law Extradition Under Trade and Co Operation Agreement In Absentia Trials Waiver of Right to Attend Trial Article 6 ECHR (fair Trial) +3 more

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Parties

The Minister for Justice

Applicant/respondent

Kathleen Sharina McCarthy

Respondent/appellant

Procedural Posture

Appeal (extradition/surrender) / Court of Appeal Judgment on Appeal From High Court Order for Surrender

Legal Issues

  1. 1 Whether surrender should be refused where the requested person was tried and convicted in absentia without clear evidence of knowledge that the trial could proceed in their absence
  2. 2 Whether an unequivocal waiver of the right to attend trial can be inferred absent direct evidence of knowledge of the trial date, place, and consequences of non-attendance

Ratio Decidendi

Surrender was refused because there was no direct evidence, nor sufficient basis for inference, that the Appellant was informed or aware that her trial could proceed in her absence. The requirements of Article 601(1)(i) TCA and the relevant Irish statutory provisions were not met, as knowledge of the consequences of non-attendance could not be established. The trial judge erred in inferring an unequivocal waiver of the right to attend trial from the available evidence.

Court Disposition

Appeal allowed; surrender refused

Orders

  • Order of the High Court for surrender of the Appellant to the UK is set aside.
  • Surrender of the Appellant under the Trade and Co-operation Agreement warrant is refused.