The High Court has found Thomas Corcoran’s continuing detention lawful, rejecting his application under Article 40.4.2º of the Constitution challenging his detention after bail was refused.
Corcoran had been returned to Ireland from the United Kingdom in February 2016 under a European arrest warrant relating to a charge under section 15 of the Misuse of Drugs Acts and an intended charge under section 13 of the Non-Fatal Offences Against the Person Act 1997. After his return, he was charged with the section 13 offence.
At Sligo District Court, the State said it intended to execute four bench warrants concerning road traffic matters that were not covered by the European arrest warrant. Corcoran’s solicitor objected, arguing that his return was for the specified matters in the warrant. The District Court judge ruled against that objection. The State then opposed bail, arguing that Corcoran was a flight risk because of the bench warrants and his move to the UK. The judge refused bail.
Corcoran’s Article 40 application alleged that his detention was unlawful because he faced prosecution for matters outside the warrant and because of comments made by the District Court judge about bail and the possibility of a further European arrest warrant. During the High Court hearing, however, the State said Corcoran would be prosecuted only for offences for which his surrender had been sought and made. The High Court therefore did not decide whether the doctrine of specialty gave Corcoran an enforceable right under Irish law.
The High Court said the District Court judge’s central reason for refusing bail was the conclusion that Corcoran was a flight risk, given that his fiancée, children and foreseeable future were in the UK. It found that the judge’s later comments about the UK bail process and a possible second arrest warrant did not undermine that key finding or remove the judge’s jurisdiction. The High Court also found no error on the face of the District Court order that would justify Corcoran’s release.
Mr Justice Max Barrett delivered the judgment on 26 May 2016. The court concluded that Corcoran’s continuing detention was lawful.