Courts / Waterford / Report

Damache lawyers need to know reasons why DPP chose not to prosecute, High Court hears

Date
2014-11-27
Stage
Hearing Or Decision
Primary locality
Waterford
County
Waterford

Summary

In a High Court hearing on 27 November 2014, lawyers for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, argued that they require the Director of Public Prosecutions' reasons for refusing to prosecute him in Ireland in order to contest his extradition to the United States. Damache is wanted in the U.S. on terrorism charges, specifically an alleged conspiracy to provide support to terrorists and attempted identity theft to facilitate international terrorism. He had previously won a Supreme Court appeal for judicial review of the DPP's March 2011 refusal to prosecute, which also questioned whether the DPP was obliged to give reasons. The court noted that the Extradition Act now blocks extradition only if the DPP decides to bring charges, placing the decision in a third party's hands. Damache has been in custody since the U.S. sought his extradition in 2012, and the case was set to continue the following day.

Who, what, where, when and why

What: Report matter: Damache lawyers need to know reasons why DPP chose not to prosecute, High Court hears. Procedural stage: hearing_or_decision

When:

Why: Today Mícheál P O'Higgins SC, for Mr Damache, told the court that he needed the reasons why the Director of Public Prosecutions decided not to prosecute his client here in order to fight the case. Prosecution account reported by CNI

Places mentioned

Court Venue
  • High Court
  • Ireland. The Supreme Court
  • Supreme Court
Secondary Mention

Topics

Stage Hearing Or Decision Theft

Related court reports

Read the original CNI report

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