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Judicial review in alleged child sex exploitation case taken "to delay extradition", High Court told

Summary

The High Court heard an appeal regarding a judicial review application by a 79-year-old man, identified as the applicant, who is wanted in the United States for alleged child sex offences. The applicant's counsel, Kieran Kelly BL, argued that the Director of Public Prosecutions (DPP) should consider prosecuting the man in Ireland due to his age and ill-health, asserting a right to fundamental fairness. However, Remy Farrell SC, acting for the Attorney General, contended that the judicial review was taken solely to delay the applicant's extradition. Mr Farrell stated that the applicant provided no legal basis or relevant statute to support a claim that the DPP must consider prosecution before extradition. He further argued that the applicant had not submitted a valid application or argument, merely asserting a desire to be tried in Ireland. Siobhán Ní Chulacháin BL, representing the DPP, confirmed that the office cannot compel an investigation without a submitted file. Ms Justice Aileen Donnelly reserved her judgment on the matter. The court directed the parties to return on July 30 for the decision. The applicant's charges remain alleged and contested, with no plea, finding, or sentence recorded at this procedural stage.

Who, what, where, when and why

What: Report matter: Judicial review in alleged child sex exploitation case taken "to delay extradition", High Court told. Charges or matters: alleged child sex offences. Procedural stage: appeal

When:

• July 30 Adjournment
• 2018-07-17 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report