The High Court has ordered the surrender of Seán Walsh to the Kingdom of Great Britain and Northern Ireland for prosecution on four alleged terrorism-related offences. Ms Justice Caroline Biggs dismissed his objections concerning confidential legal consultations in prison and changes to sentencing rules in Northern Ireland.
The Trade and Cooperation Agreement warrant, issued on 26 November 2021, alleges that Walsh belonged to the Irish Republican Army and directed its activities between 18 and 21 July 2020. It also alleges that he conspired to direct the organisation and attended an executive meeting at 17 Buninver Road, Gortin, on 19 July 2020. These are allegations set out in the warrant; the High Court did not determine whether they are true.
Walsh argued that he faced a real risk that legal consultations and phone calls would be covertly monitored if detained at Maghaberry Prison. His submissions relied on affidavit evidence about alleged incidents involving other prisoners and legal consultations, as well as concerns raised by his solicitor. The applicant accepted that such surveillance would be improper but argued the material did not meet the threshold for further inquiry.
The judge found that the information was not sufficiently objective, reliable, specific or up to date, and did not establish systematic or general deficiencies in the issuing state’s prison system. She also said there was no evidence that Walsh’s own calls or consultations were subject to surveillance. The court dismissed this objection.
Walsh’s second objection concerned Northern Ireland legislation requiring certain terrorism prisoners to serve two-thirds of a sentence before becoming eligible for release on licence, subject to approval by the Parole Commissioners. He argued that the rules applied retrospectively and could mean a longer period in custody than the halfway release framework in force when the alleged offences occurred. He relied on a Northern Ireland Court of Appeal declaration that related legislation was incompatible with Article 7 of the European Convention on Human Rights. That declaration did not invalidate the legislation.
The judge distinguished the appeal cited by Walsh because those appellants had already been sentenced before the change. Walsh had not been sentenced. The court held that the new rules would not retrospectively alter a sentence already imposed on him, and found no concrete evidence that the United Kingdom would fail to meet its Convention obligations. It dismissed this objection too.
The warrant was endorsed on 7 December 2021 and Walsh was arrested the following day. The court said surrender was not barred under the relevant provisions of the 2003 Act and that the minimum gravity threshold was met. It ordered surrender under section 16 of that Act. The order concerns transfer for prosecution; it is not a finding of guilt.