Judgment: 2013-04-09 · Court archive

High Court orders Clonakilty man’s extradition to Norway over alleged 5kg methamphetamine import

High Court · [2013] IEHC 229

Who, what, where, when and why

Who
  • Renaldas Pocevicius (Respondent)
  • Michail Oleinik
What

High Court orders Clonakilty man’s extradition to Norway over alleged 5kg methamphetamine import

Where

Places mentioned in the report

  • Clonakilty
  • Stavanger
  • Lithuania
When

Judgment:

Other dates in the report
  • 25 September 2008

    Mr Oleinik was arrested in Stavanger on 25 September 2008 after 4.9kg of methamphetamine was found hidden in a compartment in his car. Norwegian investigators said a telephone number supplied to the courier had been established by Mr Pocevicius at a petrol station near Stavanger the previous month.

Why

Reasons reported in the judgment

The judge held that further investigative steps, including questioning Mr Pocevicius, did not mean extradition was being sought merely to investigate him. The critical point was that the decision to prosecute was not dependent on those steps producing enough evidence to justify a trial.

The High Court has ordered the extradition from Ireland of Renaldas Pocevicius to Norway over an allegation that he was involved in importing approximately five kilograms of methamphetamine from Lithuania.

Mr Pocevicius, a Lithuanian national living with his partner and three children near Clonakilty, Co Cork, denied the alleged offence. Norwegian authorities alleged that he was due to receive drugs brought into Norway by courier Michail Oleinik in September 2008.

Mr Oleinik was arrested in Stavanger on 25 September 2008 after 4.9kg of methamphetamine was found hidden in a compartment in his car. Norwegian investigators said a telephone number supplied to the courier had been established by Mr Pocevicius at a petrol station near Stavanger the previous month.

Mr Pocevicius resisted extradition principally on the basis that he was wanted for investigation rather than prosecution. He pointed out that no final indictment had yet been issued and offered to be interviewed by Norwegian police in Ireland.

Mr Justice Edwards accepted that, under Norwegian procedure, a formal indictment could only be issued later by the Director General of Public Prosecutions. However, evidence from a Norwegian public prosecutor stated that the existing material was sufficient for him to recommend an indictment and that there was a clear intention to bring Mr Pocevicius before a Norwegian court if extradited.

The judge held that further investigative steps, including questioning Mr Pocevicius, did not mean extradition was being sought merely to investigate him. The critical point was that the decision to prosecute was not dependent on those steps producing enough evidence to justify a trial.

Mr Pocevicius also said he had been in Ireland around the relevant period and relied on travel and social welfare records. The court found this did not establish that the alleged offence was legally committed in Ireland for the purpose of blocking extradition.

The objections were rejected and the court ordered Mr Pocevicius committed to prison to await the Minister’s extradition order.

Read the original court judgment

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