The High Court ordered the surrender of Pablo Tellarini Prieto to the United Kingdom on two charges: an alleged assault and an alleged failure to attend a procedural hearing in Edinburgh. It refused surrender on the other 13 charges, which concerned failures to comply with police-station sign-on conditions while on bail.
The judgment, delivered by Ms Justice Donnelly on 16 November 2015, concerned a prosecution European Arrest Warrant issued in Scotland. The warrant described 15 offences. The court accepted the issuing authorities’ explanation that a reference to 14 offences was a typographical error.
The first charge alleged that Mr Tellarini Prieto attacked a man from behind with a knife, injuring his shoulder and armpit, then left with the man’s mobile phone after kicking him in the head. The judge found that the alleged conduct corresponded to assault causing harm under Irish law. Although the warrant mentioned theft, the judge concluded that he was not being sought for that offence.
The court separately considered one charge alleging failure to appear at an Edinburgh procedural hearing on 7 January 2014. The judge found that the alleged failure did not correspond to the Irish statutory offence of failing to appear in breach of recognisance: no monetary commitment to appear had been required in Scotland. However, she found that an accused person’s voluntary failure to attend court after agreeing to attend could interfere with the administration of justice and constitute criminal contempt. The court therefore allowed surrender on that charge.
The remaining 13 charges alleged failures to sign on at a police station on specified dates. The judge found that failing to sign on, by itself, was neither contempt in the face of the court nor an abuse of court process or interference with the administration of justice. She concluded there was no corresponding offence in Ireland and refused surrender on those charges.
The order permits surrender on Case 1, Charges 1 and 2, to an authorised recipient in the issuing state. It refuses surrender on the remaining 13 charges; the judgment does not determine the underlying Scottish prosecution allegations.