Eric Eoin Marques ordered extradited over child pornography charges

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Ms. Justice Donnelly ordered Eric Eoin Marques’s surrender to the United States in a High Court judgment delivered on 16 December 2015. The proceedings concerned four alleged child pornography offences. The court also held that the Director of Public Prosecutions’ decision not to prosecute him in Ireland was not reviewable on the grounds raised.

The charges were conspiracy to advertise child pornography; conspiracy to distribute child pornography; advertising child pornography and aiding and abetting; and distribution of child pornography and aiding and abetting. They concerned alleged conduct in Ireland and the United States between 24 July 2008 and on or about 29 July 2013. Each advertising count carried a maximum of 30 years’ imprisonment, while each distribution count carried a maximum of 20 years.

Marques sought through judicial review to compel a prosecution in Ireland. He had offered to plead guilty to the offences and to have the extradition proceedings adjourned to ensure that he kept that promise. His counsel maintained some arguments while acknowledging that existing High Court authority bound the court to reject them.

The court held that the DPP’s decision was reviewable only if made in bad faith or with ulterior motives. Separately, it held that there was no mandatory duty on the DPP to disclose reasons for refusing to prosecute him in the public interest.