The High Court ordered limited discovery of records relating to assistance sought from Irish authorities and surveillance of Brendan McGuigan, in proceedings over Lithuania’s request for his surrender. The order covered material connected with offences in a European arrest warrant and specified date periods.
Mr Justice Michael Peart said McGuigan sought the documents to support objections to surrender. The warrant sought his surrender to Lithuania for prosecution on three alleged offences, described in it as terrorism and illicit trafficking in weapons, munitions and explosives. The allegations included an agreement to acquire firearms, ammunition and explosives and transport them from Lithuania to Ireland to support the Real IRA. These were allegations in the warrant, not findings made in this discovery ruling.
McGuigan argued that material may have been obtained unlawfully in Ireland, including through entry to his home or telephone surveillance, and provided to Lithuanian authorities. He also relied on concerns about disclosure and the ability to challenge evidence in Lithuania. He said those matters could engage his constitutional and Convention rights and support an objection to surrender under section 37 of the European Arrest Warrant Act 2003. The judgment records his suspicions and submissions; it does not find that unlawful entry or surveillance occurred.
The judge said the respondent would need cogent evidence to establish a prospective breach of rights before the court could prohibit surrender. Without evidence that material had been obtained and provided, the concerns could remain speculation. But the judge considered it sufficiently established on the application, including material connected with an earlier Freedom of Information appeal, that some relevant material existed. It was not a classic fishing exercise, and such records could assist a fair determination of the issues.
The original discovery request was wider. The court ordered disclosure of requests to Irish authorities, and responses, from Lithuanian or United Kingdom authorities for assistance concerning McGuigan, limited to matters connected with the warrant offences and the period 1 January 2007 to 8 February 2010. It also ordered records and authorisations concerning interception and surveillance of McGuigan, limited to 1 January 2007 to 8 February 2008.
The judgment did not decide whether surrender should be refused or whether any evidence was unlawfully obtained. A note records that, after judgment, the parties agreed wording for the order, particularly in light of statutory restrictions on disclosure of some records. An order was then drawn accordingly.