Court archive
United States. The High Court
2021-10-11 · Mayo
The High Court has ordered the surrender of Martin Jude Wall to the United States authorities. Wall, 46, is wanted by the Chatham County Sheriff's office in Georgia for allegedly breaching the conditions of his release by fleeing to Ireland. In February 2012, Wall pleaded guilty to attempting to entice a child for indecent purposes after contacting a profile created by detectives in a sting operation. He was sentenced to detention of not less than 240 days and not more than a year, followed by a 15-year probation bond. Wall absconded in 2014 and was arrested in Ireland in December 2022. If found guilty of the breach in America, he faces the possible activation of his 15-year sentence, with 12 years and six months remaining on his probation. Mr Justice Paul Burns ruled that there was sufficient intent and actus reus for the attempted crime and found no basis to refuse surrender on fundamental rights grounds. Counsel for Wall, Mr Remy Farrell SC, argued that US sex offender registration conditions amounted to inhuman and degrading treatment under Article 3 of the Human Rights Convention, citing homelessness and employment restrictions. However, the court directed Wall's surrender to the US.
2014-10-14 · Ireland
The Irish Human Rights Commission (IHRC) has intervened in the extradition case of Ali Charaf Damache (49), an Algerian-born Irish citizen wanted in the United States to face charges relating to the conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. The High Court was informed that this is the first time the IHRC has intervened in an extradition case. The US alleges that Damache conspired with Colleen LaRose, known online as 'Jihad Jane,' and others to create a terror cell in Europe capable of targeting US and western European citizens. It is also alleged that Damache, who used the username 'the black flag,' participated in a conspiracy to transfer a stolen US passport to an individual in Pakistan believed to be a member of Al Qaeda. Damache had twice sought judicial review of the DPP's decision not to prosecute him in Ireland, but both applications were refused by the High Court. Three of Damache's alleged co-conspirators have already been sentenced. If convicted of the charges outlined in an indictment returned in the Eastern District of Pennsylvania in October 2011, Damache faces a potential sentence of 45 years in prison. Michael Lynn SC for the IHRC stated that the commission wished to make submissions on human rights issues, including the potential detention in a Supermax prison and the right to practice his Muslim faith. The court heard there was no objection to the application from Damache's counsel or the Attorney General. Damache was not produced in court today as no production order had been made to the Prison Service. Mr Justice John Edwards indicated he was disposed to grant the application, permitting the IHRC to join the proceedings. The extradition case continues on October 28.