The High Court postponed P.G.’s surrender to the United Kingdom until 12 November 2013 in the first instance, so it could be informed of the date set for care proceedings concerning his son. The court did not release him on bail: he must remain in custody while the postponement is in force.
The order, made by Mr Justice Edwards on 22 October 2013 under section 18(1)(a) of the European Arrest Warrant Act 2003, followed an earlier section 16 order on 18 October directing P.G.’s surrender under a European arrest warrant dated 29 April 2013. The postponement was granted on humanitarian grounds until the conclusion of the care proceedings, subject to further review. The judge said any delay should be as short as possible.
P.G., who is representing himself in the care proceedings, asked to remain in Ireland so he could participate and be heard. The judgment says he had been appointed a guardian of his son, although his guardianship rights were then abrogated by the interim care order and other circumstances, including his detention. The judge was satisfied his application reflected a genuine wish to take part, rather than a tactical attempt to delay surrender.
The care proceedings were before the District Court in a location anonymised in the judgment as “XXX”. The Health Service Executive obtained an emergency care order on 28 May 2012. An interim care order was made on 5 June 2012 and extended several times, most recently on 24 September 2013 until 11 November. The case was then listed for mention to set a hearing date; the judge was told a full hearing was likely in December 2013. Because of the in camera rule, the High Court was not told why the child had been taken into emergency care or why the pending application had been brought.
The UK warrant concerns alternate charges of assault occasioning actual bodily harm and unlawful wounding arising from an alleged domestic violence incident on 19 August 2006. The judgment says the alleged victim was P.G.’s former partner. It also records allegations that he failed to attend his 2007 trial after being admitted to bail, and that two charges were later brought under the UK Bail Act 1976. The judge expressly noted that P.G. is presumed innocent.
The court declined to admit him to bail, citing his fugitive status and increased risk of flight after the surrender order. It said he was entitled to a production order so he could attend the District Court hearing in custody. The matter was listed back before the High Court on 12 November for an update and any further orders or directions, including possible termination of the postponement.