Egan v. Conroy [1999] IEHC 131 (16th March, 1999)

Egan v. Conroy [1999] IEHC 131 (16th March, 1999)

There was no excessive lapse of time between the Plaintiff's escape and the warrant; the deportation order was revoked and does not bar extradition; mere assertion of nondisclosure is insufficient to invalidate the warrant under Section 55; no exceptional circumstances warrant release.

Citation
[1999] IEHC 131
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
relief refused
Legal Topics
Extradition Procedure, Political Offence Exception, Deportation Order, Lapse of Time, Validity of Warrant
Extradition Criminal Law Extradition Procedure Political Offence Exception Deportation Order Lapse of Time Validity of Warrant

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff should be released under Section 50 of the Extradition Act, 1965 due to lapse of time or exceptional circumstances
  2. 2 Whether the existence or revocation of a deportation order affects the validity of the extradition warrant
  3. 3 Whether failure to disclose the deportation order to the issuing justice invalidates the warrant

Ratio Decidendi

There was no excessive lapse of time between the Plaintiff's escape and the warrant; the deportation order was revoked and does not bar extradition; mere assertion of nondisclosure is insufficient to invalidate the warrant under Section 55; no exceptional circumstances warrant release.

Court Disposition

relief refused

Orders

  • Plaintiff's application for release under Section 50 of the Extradition Act, 1965 is denied