Ali Charaf Damache lawyers urge refusal over terrorism charges

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

Lawyers for Ali Charaf Damache urged the High Court to refuse his extradition to the US on terrorism charges. He was wanted on charges alleging conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism. The proceedings were reported on 3 December 2014.

Mícheál P O'Higgins SC, for Mr Damache, told the court on 3 December 2014 that a US sentencing judge could enhance any sentence and impose a penalty for an offence for which Mr Damache had not been extradited. Counsel argued that this created a real risk of breaching the Rule of Specialty under Section 20 of the 1965 Extradition Act.

Reading from an affidavit by US lawyer Joshua Dratel, Mr O'Higgins said there was a very real possibility of a sentence exceeding 40 years. He described that estimate as conservative because the US prosecution would contend that Mr Damache occupied a leadership role in the conspiracy.

The court also heard from assistant US Attorney Jennifer Williams' affidavit that any guideline sentence was speculative and could not be predicted. Ms Williams submitted that Mr Damache's co-accused had received lower sentences and that those sentences should be considered.

The US alleged that Mr Damache conspired with Colleen LaRose, known online as Jihad Jane, and others to create a terror cell in Europe. LaRose was sentenced in January 2014 to 10 years in prison after being convicted of planning to murder Swedish cartoonist Lars Vilks.

This was the second hearing of Mr Damache's extradition case. In November 2014, he won a Supreme Court appeal for a judicial review of the DPP's decision not to prosecute him in Ireland. The extradition hearing was due to continue the following day.