The High Court has ordered Gerard Lagan’s surrender to Northern Ireland under a European arrest warrant issued in March 2019, so he can face prosecution for the alleged murders of Edward Burns and Joseph Jones in Belfast on 12 March 2007. Mr Justice Hunt delivered the judgment on 18 October 2019.
The warrant alleges that Lagan helped arrange events leading to the two deaths. The prosecution case, as summarised in the warrant and supporting statement, relies on phone records, cell-site analysis and other circumstantial evidence. It alleges that calls Lagan made to Burns preceded Burns leaving his partner’s home, and that calls to Jones preceded Jones leaving his partner’s home. Burns was found shot dead near the Falls Road; Jones was found with fatal injuries in an alleyway in north Belfast. These remain accusations, not findings that Lagan committed the murders.
The judge reviewed the history of the investigation. Irish authorities had earlier decided not to prosecute Lagan, while Northern Ireland prosecutors concluded in 2012 that the prosecution test was not met. After a further review and investigation, including analysis of cell-site evidence between 2015 and 2018, Northern Ireland prosecutors decided to prosecute on 17 January 2019. The judge said the authorities had adequately explained most of the time that had passed, although it remained unclear why the telephone evidence had not been available or analysed earlier. He found no specific prejudice from that delay and held that it did not bar surrender.
Lagan argued that the telephone data may have been retained or accessed unlawfully, and that the issuing judge had not properly considered his rights when issuing the warrant. Mr Justice Hunt rejected those objections. He said the evidence did not establish that the data had been handled inappropriately, unnecessarily or disproportionately. Any admissibility challenge could be made at trial, where the relevant facts and law could be examined in detail. The High Court’s decision did not determine whether the telephone evidence would be admissible.
The judge also considered Lagan’s family circumstances, including his role as carer for his partner, who has a significant medical condition, and his at least two children settled in schools in Ireland. He accepted that surrender would have significant consequences for the care arrangement, but found they did not outweigh the public interest in prosecution for the serious allegations. He dismissed all objections and ordered surrender to an authorised representative of the Northern Ireland authorities. He declined to refer a question to the Court of Justice of the European Union.