Judgment: 2012-06-19 · Court archive

Supreme Court dismisses Ciarán Tobin’s appeal against surrender to Hungary

The court upheld the High Court order on a second European arrest warrant, finding the earlier refusal did not bar surrender under amended Irish law.

Supreme Court ·

Who, what, where, when and why

Who
  • Ciarán Tobin (Respondent)
What

The court upheld the High Court order on a second European arrest warrant, finding the earlier refusal did not bar surrender under amended Irish law.

Where

Places mentioned in the report

  • Leányfalu, Hungary
  • Hungary
  • Ireland
When

Judgment:

Other dates in the report
  • 9 April 2000

    The case arose from a road crash in Leányfalu, Hungary, on 9 April 2000. Tobin was driving when his car mounted a footpath and struck two children, aged five and two, who died. Hungarian courts convicted him of negligent violation of public road traffic rules causing death and imposed a three-year sentence.

Why

Reasons reported in the judgment

The Supreme Court dismissed Ciarán Tobin’s appeal and affirmed the High Court order for his surrender to Hungary to serve a three-year prison sentence. In its judgment delivered on 19 June 2012, the court held that the earlier refusal to surrender him did not prevent a new request under Irish law as amended.

The Supreme Court dismissed Ciarán Tobin’s appeal and affirmed the High Court order for his surrender to Hungary to serve a three-year prison sentence. In its judgment delivered on 19 June 2012, the court held that the earlier refusal to surrender him did not prevent a new request under Irish law as amended.

The case arose from a road crash in Leányfalu, Hungary, on 9 April 2000. Tobin was driving when his car mounted a footpath and struck two children, aged five and two, who died. Hungarian courts convicted him of negligent violation of public road traffic rules causing death and imposed a three-year sentence.

An earlier surrender request was refused by the High Court in 2007, and the Supreme Court dismissed the Minister’s appeal that year. The decision turned on the version of Irish law then in force, which required the person sought to have “fled” the requesting state. The courts found Tobin had lawfully left Hungary after his passport was returned and had not fled.

That requirement was removed by legislation in 2009. Hungary issued a further European arrest warrant in September 2009. The Supreme Court ruled that the amendment was a general change in the law and did not set aside the earlier judgment: that decision remained effective on the narrow question of whether Tobin had fled. The court found that a second warrant was not, by itself, an abuse of process, and that the amended law could apply to the new request.

The court also rejected arguments that surrender was barred because Tobin could not initially serve his sentence in Ireland, because Hungary would not surrender its own citizens in comparable circumstances, or because the conviction predated Hungary’s EU accession. It found the warrant’s description of the sentence sufficiently clear and held that the conduct described corresponded to offences under Irish law, including dangerous driving causing death.

The Supreme Court dismissed the remaining grounds, including challenges concerning the 2009 legislation’s publication and alleged effects on fair procedures and family life. It affirmed the High Court’s surrender order. The judgment did not decide where Tobin would ultimately serve the sentence; it noted he could apply to transfer to Ireland after surrender under separate legislation.

Read the original court judgment

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