Courts / Donegal / Report

Warrant for former vet wanted for sexual activity with animals 'fatally flawed' after Brexit, High Court told

Date
2021-02-26

Stage
Charge Or Pretrial

Primary locality
Letterkenny

County
Donegal

Summary

A man wanted by United Kingdom authorities to face multiple charges including sexual activity with animals and possession of extreme pornographic material has challenged an extradition warrant in the High Court on grounds relating to Brexit and procedural defects. Oliver Lown, aged 35, was arrested by gardaí at Gortnaskea near Letterkenny, County Donegal, in February following endorsement of a European Arrest Warrant issued by Suffolk police. He faces twelve offences arising from material discovered during a search in April 2019. His barrister argued before Mr Justice Paul Burns that the warrant is "fatally flawed" because it was endorsed by Irish courts after December 31, 2020, when the UK-EU extradition framework changed to an opt-in system which Ireland had not yet adopted. Additional arguments were raised regarding the issuing authority and completion of the warrant documentation. Mr Justice Burns requested written submissions and adjourned the matter to April 11th for further hearing.

Who, what, where, when and why

What: Report matter: Warrant for former vet wanted for sexual activity with animals 'fatally flawed' after Brexit, High Court told. Charges or matters: offences including sexual penetration per vagina/anus by a person with a living animal, making indecent photographs of children and possessing extreme pornographic images portraying an act of intercourse /oral sex with a dead /alive animal. Procedural stage: charge_or_pretrial

When:

December 31, 2020 Incident
February 8 Incident
April 4, 2019 Other
August 29, 2019 Incident
November 27, 2019 Incident
April 11 Adjournment
March 3 Adjournment
2021-02-26 Publication

Why: Mr Kelly also argues that the warrant is also "fundamentally flawed" because it was issued by Ipswich Magistrate Courts but signed off on by a Crown Court judge, which he says does not satisfy the criteria of "total clarity and unambiguousness" regarding warrants. CNI source report

Case subjects

Oliver Lown

Defendant

Charges: offences including sexual penetration per vagina/anus by a person with a living animal, making indecent photographs of children and possessing extreme pornographic images portraying an act of intercourse /oral sex with a dead /alive animal (Alleged Or Contested)

Outcome: Mr Justice Burns adjourned the case to April 11 with Mr Kelly's submission to be completed by March 3.