O'Sullivan v. Conroy [1997] IEHC 142 (31st July, 1997)

O'Sullivan v. Conroy [1997] IEHC 142 (31st July, 1997)

Conditional admissibility of evidence in English law does not violate Irish constitutional fair procedure in this case, as the applicant will be tried only for conspiracy to defraud and the trial judge will direct acquittal if supporting evidence is lacking. No unreasonable delay or exceptional circumstances have been established to justify release under Section 50.

Citation
[1997] IEHC 142
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Extradition Application / Judgment on Application for Release Under Section 50 of the Extradition Act, 1965
Outcome
application dismissed
Legal Topics
Conspiracy to Defraud, Conditional Admissibility of Evidence, Fair Procedure, Delay in Extradition Proceedings
Criminal Law Extradition Law Constitutional Law Conspiracy to Defraud Conditional Admissibility of Evidence Fair Procedure Delay in Extradition Proceedings

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Extradition Application / Judgment on Application for Release Under Section 50 of the Extradition Act, 1965

Legal Issues

  1. 1 Whether the procedure for conditional admissibility of evidence in English law violates Irish constitutional fair procedure
  2. 2 Whether lapse of time or exceptional circumstances render extradition unjust, oppressive, or invidious under Section 50 of the Extradition Act, 1965

Ratio Decidendi

Conditional admissibility of evidence in English law does not violate Irish constitutional fair procedure in this case, as the applicant will be tried only for conspiracy to defraud and the trial judge will direct acquittal if supporting evidence is lacking. No unreasonable delay or exceptional circumstances have been established to justify release under Section 50.

Court Disposition

application dismissed

Orders

  • application for release under Section 50 of the Extradition Act, 1965 refused