Anthony Craig and Anthony Balmer lose extradition appeals

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

Anthony Craig and Anthony Balmer lost their appeals against surrender to the United Kingdom at the Court of Appeal on 21 May 2015.

Peart J delivered the judgment, with Mahon J agreeing and Hogan J dissenting. The majority held that surrender to serve the balance of their life sentences did not contravene the Constitution, including Article 40.4.

In the High Court, Edwards J had made separate surrender orders under European arrest warrants on 18 November 2014.

The men argued that surrender would lead immediately to indefinite detention solely for preventative purposes, breaching Article 40.4. The Minister for Justice and Equality argued that Article 38 applied and that there was no causal connection or direct proximity between surrender and any future dilution of the presumption of innocence.

Craig was convicted of murder at Preston Crown Court on 12 February 1974 and received a mandatory life sentence. The Home Secretary set a minimum term of 15 years. He escaped from an open prison in July 2002 after serving some 28 years and came to Ireland in 2005.

Craig’s warrant said detention after the minimum term depended on continued public risk. If release was refused, another review was required within two years, with regular reviews thereafter.

His surrender was also ordered for prosecution for escape contrary to common law, carrying a discretionary maximum life sentence. The judgment said he would be surrendered for that alleged offence even if his appeal concerning the murder sentence succeeded.

Balmer was convicted of murder at Exeter Crown Court on 26 March 1984 and received a mandatory life sentence with a 12-year minimum term, later increased to 15 years.

After serving that minimum term, his detention continued because the Parole Board considered it necessary for public protection. He was released on licence, subject to conditions, on 2 March 2011 after some 27 years in prison. He came to Ireland shortly afterwards. His licence was revoked in March 2012, recalling him to prison.