Eric Eoin Marques refused review of decision not to prosecute him in Ireland

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

Eric Eoin Marques was refused leave to seek judicial review of the Director of Public Prosecutions’ decision not to prosecute him in Ireland. Mr Justice Edwards delivered the High Court judgment on 9 September 2014.

The judgment broadly described the US charges as aiding and abetting, and conspiracy in relation to, advertising child pornography; conspiracy to distribute child pornography; advertising child pornography; and distributing child pornography. The United States had requested his extradition from Ireland.

He was arrested in Ireland on 1 August 2013 under a provisional extradition warrant issued by Gilligan J. He appeared before that judge in the High Court that day and was remanded in custody pending certification of the extradition request or release under the statutory provisions.

The ministerial certificate was presented within the required 18 days. He was subsequently further remanded in custody by Kearns P. pending a hearing to determine whether he should be committed to await an extradition order or discharged.

The extradition committal hearing opened on 25 March 2014 and was adjourned indefinitely at his request pending the judicial review proceedings.

Mr Marques argued that the DPP’s decision was unreasonable and failed to vindicate his rights. The judge noted that he alleged neither bad faith nor improper motive, found no exceptional circumstances making the decision reviewable, and held that it did not prejudice his fundamental or constitutional rights.

The judge also refused leave to challenge the DPP’s refusal to provide reasons and dismissed the proceedings. He held that, without exceptional circumstances making the decision reviewable, Mr Marques had no arguable case requiring reasons.

The judgment held that the extradition request was not barred. Mr Marques retained the right to challenge it at the statutory committal hearing before the High Court.