The High Court has ordered the surrender of Wei Yu to Spain for prosecution on one alleged offence of illegal trafficking of persons, while refusing surrender on a separate offence of falsifying official documents.
In a judgment delivered on 29 February 2016, Ms Justice Donnelly found that the European Arrest Warrant issued on 29 July 2014 sought Mr Yu for prosecution, not to serve a sentence imposed in his absence. The court said the Spanish judicial authority confirmed that he had not been convicted of the offences.
The warrant concerned allegations arising from Mr Yu’s arrest at Alicante Airport on 24 December 2011. Spanish authorities alleged that he was involved in facilitating the entry, transit and documentation of Chinese citizens without legal residence in EU countries, travelling to Ireland. The judgment records allegations that he gave a passport and boarding pass to another person and had boarding passes in his own name and in the names of two others. The judge stressed that whether he controlled forged passports, and what could be inferred from the boarding passes, were matters for trial. The High Court did not assess whether there was a prima facie case or comment on its strength.
The court refused surrender for the second offence, falsification of official documentation. It carried a maximum Spanish prison term of nine months, below the minimum threshold for surrender under the European Arrest Warrant Act 2003. The judge held that including this offence in the warrant did not prevent surrender on the qualifying human trafficking offence.
Mr Yu challenged the description of the allegations, the admissibility of additional Spanish documents, and whether the warrant concerned prosecution or a prior conviction. He also argued that surrender would interfere with his family and personal rights. The judge accepted additional information from the Spanish judicial authority, finding it came from the issuing court, and concluded that the allegations were sufficiently described. She found no basis to refuse surrender under the statutory provisions raised, including those concerning specialty and the decision to charge and try him.
Mr Yu’s affidavit said he had lived in Ireland since 2001, was a naturalised Irish citizen, lived in Limerick with his wife and adult son, and was self-employed. The court noted that no medical report was provided about his wife’s condition. Balancing the public interest in surrender against the circumstances presented, the judge found surrender would not be a disproportionate interference with his family or personal rights.
The order authorises surrender on the single offence of illegal trafficking of persons. The judgment makes no determination of guilt; prosecution is for the Spanish authorities.