The Supreme Court dismissed Kenneth Dundon’s appeal against a High Court order surrendering him to the United Kingdom for prosecution on an allegation of murder. It confirmed the surrender order and directed that he be surrendered to officers authorised by Thames Magistrates’ Court.
In a judgment delivered on 16 March 2005, Justice Denham addressed whether undertakings required by Ireland’s European Arrest Warrant Act 2003 had to be made personally by the issuing judicial authority. The court held that the authority could provide a certificate attaching written undertakings from the officials responsible for them. The undertakings had been transferred to the High Court through the issuing judge’s certificate, which satisfied the Act.
The undertakings came from the Parliamentary Under Secretary of State and the Director of Public Prosecutions for England and Wales. They covered restrictions on prosecution for other offences and extradition to a third state. The prosecution undertaking listed manslaughter, wounding with intent, unlawful wounding and assault occasioning actual bodily harm as possible alternative jury verdicts relating to the alleged death of Christopher Jacobs.
The court held, on the facts and documents in this case, that the statutory reference to a sentence included a sentence for a lesser offence available as an alternative verdict on the facts underlying the murder charge. It stressed that this conclusion was specific to the case.
The appeal also challenged the High Court’s adjournment to allow the authorities to provide undertakings, the naming of the Minister rather than the Attorney General as the applicant, the strength of the evidence, and the use of a faxed warrant. The Supreme Court rejected each ground. It said the adequacy of the evidence and whether a prima facie case had been established were not matters for consideration in these surrender proceedings. It also found that the High Court had acted within its discretion in allowing a short adjournment and correcting the applicant’s name, and that the fax objection failed because no relevant regulations had been made.
The Supreme Court therefore dismissed the appeal on all grounds and confirmed the High Court’s surrender order.