The High Court has ordered the surrender of Krzystof Michalczewski to Poland to serve a one-year-and-six-month prison sentence arising from an attempted break-in at a parish house.
The European arrest warrant concerned an incident on January 16, 2011 in Klucze, Małopolska. Polish authorities said Michalczewski, his brother and another person tried to force open a window at the parish house of the Virgin Mary with the intention of stealing. A lower window panel worth 300 zlotys was damaged before the group was frightened away.
Michalczewski opposed surrender on three grounds.
First, he challenged Poland's classification of the offence under the European arrest warrant category of "organised or armed robbery". Mr Justice Paul Burns found that the circumstances supported the description of the conduct as organised because it involved acting together in conspiracy. However, the judgment found no clear basis for calling it armed robbery.
That did not defeat the warrant. The High Court held that the conduct corresponded with Irish offences of attempted burglary and/or criminal damage, satisfying the alternative legal test required for surrender.
Second, Michalczewski argued that he had not attended the October 28, 2011 hearing at which the sentence was imposed. Additional information from Poland showed that he had personally signed for the summons on September 21, had previously been advised of his duty to notify prosecutors of address changes and nevertheless failed to attend. By the hearing in Ireland, he accepted that his absence resulted from his own conduct.
The court held that he had effectively waived his right to be present and that his defence rights had been respected.
Finally, the High Court rejected an argument that the warrant lacked sufficient detail. Polish authorities supplied further particulars about his role and clarified that a reference to an "aggregate sentence" resulted from a translation error.
All objections were dismissed and surrender to Poland was ordered.