Aidan O’Dwyer’s surrender refused in attempted murder case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court refused Aidan O’Dwyer’s surrender to Bulgarian authorities on 17 June 2015. Ms Justice Aileen Donnelly found substantial grounds for believing he faced a real risk of inhumane and degrading treatment in the Bulgarian prison system.

Bulgarian authorities sought his extradition for prosecution on a single offence of attempted murder. They alleged he stabbed a taxi driver in the chest with a knife in an assault motivated by hooliganism, and that emergency services saved the driver’s life.

Mr O’Dwyer, who could not fully contest the allegations during the High Court civil proceedings, claimed he had acted in self-defence, the injuries were not that serious and the taxi driver spent only one night in hospital.

He had been arrested in Ireland by gardaí on 24 June 2014 under a European Arrest Warrant issued by the Bulgarian authorities.

The judge said his particular medical conditions and information submitted through his consultant hepatologist and general practitioner made the case unique. He required a liver transplant in 2005, had complicated health and was taking powerful medication, she said.

The court heard that the European Committee for the Prevention of Torture had examined all but one Bulgarian prison and found fundamental shortcomings in prisoners’ treatment. The judge considered it significant that Mr O’Dwyer had sworn his medical evidence before the committee’s report.

Ms Justice Donnelly ruled that surrender was prohibited under Article 3 of the European Convention on Human Rights. Mr O’Dwyer was discharged from the surrender proceedings, and the court ordered the return of any bail monies.