The High Court has ordered the surrender of Robert Donovan to the United Kingdom under a European Arrest Warrant, rejecting an argument that the UK’s vote to leave the European Union prevented his return.
The warrant, dated November 10, 2014, related to a life sentence imposed on Donovan for murder in 1974. The judgment records that he was later released on licence, recalled to custody and subsequently granted temporary release. He failed to return on June 19, 2010 and had remained unlawfully at large.
Ms Justice Donnelly found that the warrant met the statutory requirements for surrender. Donovan’s identity was established, the warrant had been properly endorsed and murder was one of the offences for which the court did not have to establish a matching offence under Irish law.
The court also considered challenges based on Donovan’s fundamental rights. An earlier argument concerning the nature of his UK life sentence was no longer pursued after the Supreme Court’s decision in Balmer v Minister for Justice. The High Court noted that Donovan’s recall to custody in 2006 had followed an assessment that he posed a high risk of harm and reoffending.
The remaining contested issue concerned the UK’s referendum decision to leave the EU. Donovan argued that the UK would cease to be a designated member state for European Arrest Warrant purposes, that EU treaties would cease to apply and that the protections underpinning surrender could no longer be presumed.
The court rejected that argument. It held that the relevant Irish legislation, EU treaties and 2002 Framework Decision were all still in force. The court had to apply the law as it stood rather than speculate about future changes.
Ms Justice Donnelly also found no evidence that Donovan’s Convention or other fundamental rights faced any specific threat in the UK as a result of Brexit.
The court therefore held that it could make the order surrendering Donovan to the UK authorities.