Quinlivan v. Conroy (No.2) [2000] IEHC 50; [2000] 3 IR 154; [2000] 2 ILRM 515 (14th April, 2000)

Quinlivan v. Conroy (No.2) [2000] IEHC 50; [2000] 3 IR 154; [2000] 2 ILRM 515 (14th April, 2000)

The offences charged, involving conspiracy to murder, use of explosives, escape from custody with violence, and malicious wounding, are not political offences or connected with political offences under Irish law, particularly in light of the indiscriminate danger to civilians and the application of the 1987 Act. The agent provocateur argument does not negate the correspondence of offences, and the delay in proceedings is largely attributable to the applicant, thus not rendering extradition unjust, oppressive, or invidious.

Citation
[2000] 2 ILRM 515
Parties
Applicant/plaintiff: Nessan Quinlivan; Respondent/defendant: State Authorities (Ireland)
Jurisdiction
Ireland
Procedural Posture
Extradition and Judicial Review / High Court Judgment on Application for Release Under Section 50 of the Extradition Act, 1965, and Judicial Review
Outcome
Application dismissed; extradition order upheld.
Legal Topics
Political Offence Exception, Extradition Procedures, Correspondence of Offences, Delay and Fair Procedures
Criminal Law Extradition Law Constitutional Law Political Offence Exception Extradition Procedures Correspondence of Offences Delay and Fair Procedures

Case Brief

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Parties

Nessan Quinlivan

Applicant/plaintiff

State Authorities (Ireland)

Respondent/defendant

Procedural Posture

Extradition and Judicial Review / High Court Judgment on Application for Release Under Section 50 of the Extradition Act, 1965, and Judicial Review

Legal Issues

  1. 1 Whether the offences for which extradition is sought are political offences or connected with political offences under Irish law
  2. 2 Whether the Extradition (European Convention on the Suppression of Terrorism) Act, 1987, precludes the political offence exception for the relevant offences
  3. 3 Whether the alleged involvement of an agent provocateur negates the correspondence of offences required for extradition

Ratio Decidendi

The offences charged, involving conspiracy to murder, use of explosives, escape from custody with violence, and malicious wounding, are not political offences or connected with political offences under Irish law, particularly in light of the indiscriminate danger to civilians and the application of the 1987 Act. The agent provocateur argument does not negate the correspondence of offences, and the delay in proceedings is largely attributable to the applicant, thus not rendering extradition unjust, oppressive, or invidious.

Court Disposition

Application dismissed; extradition order upheld.

Orders

  • Applicant's claim to the political offence exception is rejected.
  • Application for release under Section 50 of the Extradition Act, 1965, is dismissed.