The High Court ordered Simon Murphy’s extradition to the United States so he can be sentenced for one New York sexual abuse conviction. Mr Justice Michael Peart delivered the judgment on 17 October 2007.
Murphy had pleaded guilty to one charge of sexual abuse in the first degree under New York law, but failed to attend his sentencing hearing. The court said an Irish arrest warrant mistakenly listed eight offences. It accepted that this was an error but found that it did not make his arrest unlawful or prejudice him: he knew he was wanted for sentencing on the single offence.
The court also rejected Murphy’s objections based on delay, prison conditions and the US plea-bargaining process. On delay, it said no prejudice had been asserted and that Murphy had already pleaded guilty; the outstanding step was sentencing. It noted that he left the US before the scheduled sentencing hearing.
Murphy relied on his health and evidence about medical care in New York jails. The court found he had recovered satisfactorily from heart bypass surgery and had not shown that conditions in which he was likely to be held would fail to protect his health. It accepted evidence from a New York State corrections medical official that the prison healthcare system could provide appropriate care.
On the plea, the court reviewed a transcript of the 1998 hearing and found Murphy had entered it voluntarily with advice from his lawyers. The agreed terms included a promised three-year sentence, with a possible seven-year maximum if he failed to appear for sentencing. The court was not persuaded that the plea resulted from oppression or duress, or that extraditing him for sentencing would breach a fundamental right. It said differences between criminal justice systems alone would not justify refusing extradition absent an exceptional threat to a protected right.
The order permits Murphy’s extradition under the request. The judgment does not impose the US sentence; it returns him for the outstanding sentencing hearing.