Judgment: 2005-05-12 · Court archive

High Court rejects bid to block extradition over alleged counterfeit dollar conspiracy

High Court · [2005] IEHC 129

Who, what, where, when and why

Who
  • Christopher Corcoran
  • Mr Justice Michael Peart
What

High Court rejects bid to block extradition over alleged counterfeit dollar conspiracy

Where

Places mentioned in the report

  • Ireland
  • England and Wales
When

Judgment:

Other dates in the report
  • 6 September 2001

    Mr Corcoran had been arrested in Ireland on 6 September 2001 on foot of four English warrants. A District Court judge later ordered his rendition on one warrant, known as Warrant B, while refusing extradition on the other three.

Why

Reasons reported in the judgment

Mr Corcoran asked the High Court to order his release under section 50 of the Extradition Act 1965. That provision allowed the court to refuse extradition where, because of lapse of time and other exceptional circumstances, surrender would be unjust, oppressive or invidious.

The High Court has refused Christopher Corcoran’s attempt to prevent his extradition to England and Wales over an alleged conspiracy to distribute counterfeit US $100 notes.

Mr Corcoran had been arrested in Ireland on 6 September 2001 on foot of four English warrants. A District Court judge later ordered his rendition on one warrant, known as Warrant B, while refusing extradition on the other three.

Warrant B alleged that between January 1998 and June 2000 Mr Corcoran conspired with named individuals and others to deliver counterfeit US currency, knowing or believing it was false and intending that it be passed as genuine. The allegation had not been tried in this judgment.

Mr Corcoran asked the High Court to order his release under section 50 of the Extradition Act 1965. That provision allowed the court to refuse extradition where, because of lapse of time and other exceptional circumstances, surrender would be unjust, oppressive or invidious.

Mr Justice Michael Peart first held that the conduct alleged in Warrant B corresponded to the Irish common-law offence of conspiracy to defraud. The court therefore rejected any argument that extradition should fail because no equivalent Irish offence existed.

On delay, the judge found that most of the time taken was explained by the complexity of the investigation and the steps required to obtain extradition warrants. He identified an inadequately explained delay of about five-and-a-half months between September 2000 and March 2001, but held that this was not sufficiently serious to prevent extradition.

The court also rejected arguments based on BBC programmes and newspaper coverage about the wider counterfeiting investigation. Mr Corcoran was not named or otherwise identified in the broadcasts, and the judge found that established safeguards in the English criminal process could protect his right to a fair trial.

The application for release was refused.

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