The Court of Appeal has dismissed Petronel Pal’s appeal against the refusal of bail while he contests his surrender to Romania under a European arrest warrant.
In a judgment delivered on 27 June 2019, Mr Justice John Edwards said the High Court had applied the correct legal principles and had reasonably assessed the evidence. The appeal court found a substantial risk that Mr Pal would abscond if released and upheld the bail refusal. It did not decide the pending surrender application or the allegations underlying the warrant.
The Romanian warrant seeks Mr Pal’s surrender for prosecution over four alleged offences: membership of an organised criminal group, aggravated murder, attempted aggravated murder and aggravated robbery. The allegations concern an alleged attack at an apartment in Navan in April 2014. The judgment says Virgil Busa died from his injuries three days later. These remain allegations; the judgment records that Mr Pal was sought for prosecution and presumed innocent at the time.
Mr Pal was arrested in Dublin in May 2019 after the warrant had been endorsed by the High Court. He intended to contest surrender at a hearing under section 16 of the European Arrest Warrant Act, which was pending when the appeal was heard.
The State argued that the seriousness of the charges and potential prison sentences, Mr Pal’s previous convictions, and his associations supported the risk of flight. A Garda witness also described prior arrests and investigations, but the judgment noted that one arrest had not led to a prosecution. The State submitted that past convictions involving false instruments indicated Mr Pal could obtain false travel documents.
The appeal court also considered factors advanced in support of bail: Mr Pal’s residence with his wife and child, his construction work, the proposed €10,000 surety from his employer, and the absence of any history of bench warrants. The court said the High Court had taken these matters into account, but concluded that they were outweighed by the other factors.
The court applied the test of whether there was a likelihood of evasion, with the State bearing the burden of establishing a risk at the level of probability. It dismissed the appeal. The judgment said Mr Pal could reapply for bail if he remained in custody awaiting the surrender hearing.