Courts / Dublin / Report

Notorious gang leader with links to Kinahan cartel appeals murder charge decision

Date
2021-02-16

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Naoufal Fassih, a Dutch gang leader with alleged links to the Kinahan cartel, has appealed a High Court decision permitting his trial in the Netherlands for murder and incitement to murder. Fassih, a 40-year-old Dutch citizen of Moroccan origin, was surrendered to Dutch authorities in 2017 under a European Arrest Warrant (EAW) for alleged attempted murder, assault, possession of false documents, and money laundering. He was subsequently convicted in the Netherlands of all these charges and sentenced to 18 years in prison. In 2020, Dutch authorities sought Irish permission to prosecute him for further murder-related offences. The High Court granted this permission in July last year. However, counsel for Fassih argued before the Court of Appeal that the original EAW was issued by a Dutch public prosecutor, which the Court of Justice of the European Union later ruled is not a recognised "judicial authority." Consequently, they contended the High Court lacked the legal basis to allow further prosecution. Counsel for the Minister for Justice countered that if this argument succeeded, it would cast doubt on all surrenders to the Netherlands between 2003 and 2019. The three-judge Court of Appeal, presided over by Mr Justice George Birmingham, reserved its judgment, noting it had "quite an amount to consider." The matter remains adjourned pending the court's decision.

Who, what, where, when and why

What: Report matter: Notorious gang leader with links to Kinahan cartel appeals murder charge decision. Charges or matters: attempted murder, assault, possession of false documents and money laundering. Procedural stage: appeal

When: