The High Court has refused to surrender Irish citizen Robert Francis Stapleton to the United Kingdom to face 30 fraud-related charges arising from events alleged to have occurred between 1978 and 1982.
The European arrest warrant, issued at Bow Street Magistrates' Court in July 2005, alleged that Stapleton had masterminded a large-scale fraud involving two Lincoln-based companies, Lumiere Limited and Ultraleisure Limited. UK authorities alleged that false invoices and shipping documents were used to obtain bank advances and that more than £3 million was obtained. Stapleton denied the allegations.
Mr Justice Michael Peart rejected several preliminary objections raised against surrender. He found no constitutional defect in amendments to Ireland's European arrest warrant legislation, held that the alleged offences corresponded with Irish offences where necessary and rejected Stapleton's claim that he faced inhuman or degrading treatment in the UK.
The decisive issue was delay.
Stapleton had lived in Spain from 1985, later spent time in France and returned to Ireland in December 1994. Evidence before the court indicated that UK authorities had information by 2001 that he was living in Ireland. A decision to seek extradition was made in 2003, but proceedings were subsequently delayed while new European arrest warrant arrangements and related Irish litigation were awaited.
Stapleton argued that the passage of time had seriously damaged his ability to defend himself. He identified deceased or unavailable witnesses and produced evidence that former solicitors' and accountants' files from the relevant period had been destroyed.
The judge held that the lapse of more than two decades was not marginal. Even allowing for Stapleton's years abroad, the authorities were largely responsible for the delay from at least 1994 to 2005.
Mr Justice Peart concluded that after such a period prejudice could be presumed and that a fair trial within a reasonable time could no longer be guaranteed. He therefore refused the application for surrender under section 16 of the European Arrest Warrant Act 2003.