Courts / Dublin / Report

Men wanted for attempted murder of PSNI officer raise constitutional rights concerns

Date
2019-11-22

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Ciaran Maguire and Sean Paul Farrell, Dublin men wanted in Northern Ireland for the alleged attempted murder of a PSNI officer and possession of explosive substances, raised constitutional concerns regarding their potential extradition. Both face life imprisonment if convicted. Maguire's counsel argued that evidence gathered during their arrest in Donegal, including DNA and interview transcripts, must be scrutinized in Ireland to ensure it was not obtained unlawfully, as Irish constitutional protections cannot be challenged in Northern Ireland. Farrell's counsel contended that his client was informed of a right to silence that does not exist in Northern Ireland, where inferences can be drawn from silence. The Minister for Justice's counsel dismissed these as fishing expeditions, noting that inferences are trial issues. The Court of Appeal previously rejected a judicial review concerning the Gardaí's refusal to provide this information. In the High Court, Mr Justice Donald Binchy stated the applications deserved a written judgment, aiming to deliver it by November 26. He also granted each man senior counsel to argue their extradition case in December. The matter remains at the pre-extradition procedural stage, with no final determination on the extradition request yet made.