Heywood v. Egan [2000] IEHC 81 (14th November, 2000)

Heywood v. Egan [2000] IEHC 81 (14th November, 2000)

The applicant failed to establish on the balance of probabilities that there are substantial grounds for believing he would be prejudiced on account of his race or that, by reason of lapse of time and other exceptional circumstances, extradition would be unjust, oppressive, or invidious. The delay was attributable to the applicant's own actions in avoiding arrest, and adequate safeguards exist in the UK criminal justice system.

Citation
[2000] IEHC 81
Parties
Plaintiff: [Plaintiff name not stated]; Respondent: [Respondent name not stated]
Jurisdiction
Ireland
Procedural Posture
Special Summons (extradition) / Judgment on Application for Release Under Section 50 of the Extradition Act 1965
Outcome
Application refused
Legal Topics
Extradition, Political Offence Exception, Racial Prejudice, Lapse of Time, Fair Trial Rights
Criminal Law Extradition Law Human Rights Extradition Political Offence Exception Racial Prejudice Lapse of Time Fair Trial Rights

Case Brief

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Parties

[Plaintiff name not stated]

Plaintiff

[Respondent name not stated]

Respondent

Procedural Posture

Special Summons (extradition) / Judgment on Application for Release Under Section 50 of the Extradition Act 1965

Legal Issues

  1. 1 Whether there are substantial grounds for believing the applicant's position would be prejudiced by reason of race if extradited (Section 50(2)(bb))
  2. 2 Whether, by reason of lapse of time and other exceptional circumstances, extradition would be unjust, oppressive, or invidious (Section 50(2)(bbb))

Ratio Decidendi

The applicant failed to establish on the balance of probabilities that there are substantial grounds for believing he would be prejudiced on account of his race or that, by reason of lapse of time and other exceptional circumstances, extradition would be unjust, oppressive, or invidious. The delay was attributable to the applicant's own actions in avoiding arrest, and adequate safeguards exist in the UK criminal justice system.

Court Disposition

Application refused

Orders

  • Relief claimed under Section 50(2)(bb) and (bbb) of the Extradition Act 1965 refused
  • Extradition to the United Kingdom to proceed