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Judge will quash DPP decision not to prosecute Ali Damache here if extradition refusal is successfully appealed

Summary

A judge has made the final orders in the judicial review of an Algerian-born Irish citizen, Ali Charaf Damache, whose extradition was refused last month in the High Court. Ali Charaf Damache was wanted in the United States on two alleged terrorism-related offences. On May 21, High Court judge Ms Justice Aileen Donnelly delivered her judgement refusing the State's application for the extradition of Mr Damache at the request of the United States of America. Ms Justice Donnelly stated that in the event that the State successfully appeals the refusal of extradition, she will grant orders quashing the decision of the DPP not to prosecute and the later decision not to revisit that decision in light of the fact that an extradition request has been made. Legal aid was also granted by the judge to cover both sets of proceedings. The main points of objection to his extradition include grounds related to the conditions of detention, the sentencing procedure under U.S. Federal Sentencing Guidelines, the plea bargaining system, and the nature and length of the sentence he would be bound to receive. In separate proceedings, Mr Damache sought to review the decision of the DPP not to prosecute him in this jurisdiction arising from the factual allegations underpinning the extradition request and the failure of the DPP to give her reasons for her decision. The 50-year-old man has been living here for a decade and is wanted in the United States to face charges relating to conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. Last December was the second time his extradition case had been heard. In November 2014, Mr Damache won a Supreme Court appeal against a High Court judge's refusal for leave to seek judicial review of the decision of the Director of Public Prosecutions not to prosecute Mr Damache here. The Supreme Court unanimously ruled Mr Damache was entitled to apply for judicial review on two issues: whether the DPP's March 2011 refusal to prosecute him here is reviewable, and whether the DPP was entitled to refuse to give reasons for her refusal. If Mr Damache had been convicted in the US, he could have faced up to 45 years in jail, a term his lawyers said would be 'a lot more' than would be imposed here in Ireland. In her judgement last month, Ms Justice Donnelly said there was no meaningful judicial review available in the US of the conditions of detention and the necessity for same. The High Court previously heard the US alleges it has evidence that Mr Damache conspired with American woman Colleen LaRose – who used the online name 'Jihad Jane' – and others to create a terror cell in Europe capable of targeting both US and western European citizens. It is alleged Mr Damache – who went by the username 'Theblackflag' – also participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan whom the conspirators believed to be a member of Al Qaeda. It is contended that part of the alleged conspiracy was to recruit women whose appearance would allow them access to and the ability to travel around Europe. In January of 2014 LaRose was jailed for ten years by a Philadelphia judge, having admitted her involvement in a plot to murder Swedish cartoonist Lars Vilks, who sparked an international controversy by depicting the Prophet Mohammed on the head of a dog.

Who, what, where, when and why

What: Report matter: Judge will quash DPP decision not to prosecute Ali Damache here if extradition refusal is successfully appealed. Procedural stage: appeal

When:

• May 21 Hearing Or Sentence
• November 2014 Hearing Or Sentence
• March 2011 Hearing Or Sentence
• 2015-06-09 Publication

Case subjects

Places mentioned

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Animal Related Stage Appeal Theft Violent Crime

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