The Minister for Justice & Equality v Downey [2019] IECA 182 (03 July 2019)

The Minister for Justice & Equality v Downey [2019] IECA 182 (03 July 2019)

The abuse of process alleged by the appellant relates to prosecution in the issuing state, not to the process of the High Court in Ireland. There is no evidence of an egregious defect in the justice system of the issuing state or that the appellant cannot pursue abuse of process arguments there. The High Court's process was not abused; therefore, surrender is not prohibited.

Citation
[2019] IECA 182
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: John Anthony Downey
Jurisdiction
Ireland
Judgment Date
03 July 2019
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Abuse of Process, European Arrest Warrant, Surrender of Accused Persons, Letter of Comfort, Fair Trial
Extradition Criminal Law European Law Abuse of Process European Arrest Warrant Surrender of Accused Persons Letter of Comfort Fair Trial

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Parties

The Minister for Justice and Equality

Applicant/respondent

John Anthony Downey

Respondent/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether surrender under the European Arrest Warrant constitutes an abuse of process in light of a letter of comfort and subsequent actions by authorities
  2. 2 Whether the High Court should refuse surrender based on alleged abuse of process

Ratio Decidendi

The abuse of process alleged by the appellant relates to prosecution in the issuing state, not to the process of the High Court in Ireland. There is no evidence of an egregious defect in the justice system of the issuing state or that the appellant cannot pursue abuse of process arguments there. The High Court's process was not abused; therefore, surrender is not prohibited.

Court Disposition

appeal dismissed

Orders

  • Certified question answered in the negative
  • Order for surrender affirmed