The Court of Appeal has dismissed Gary Davis’s appeal against a High Court order directing his surrender to the United States, finding that the ground pursued on appeal did not raise a point of law.
The judgment, delivered by Mr Justice Mahon on 28 February 2017, concerned the risk that imprisonment in the US could pose to Davis, who was diagnosed with Asperger’s Syndrome, depression and generalised anxiety. The appeal was limited to that issue and alleged that surrender would put his constitutional and European Convention rights at risk.
The US seeks Davis’s extradition to stand trial on alleged narcotics-trafficking conspiracy, computer-hacking conspiracy and money-laundering conspiracy offences. The judgment said he would probably be held in custody pending trial if surrendered. Davis was on bail in Ireland pending the appeal.
The High Court accepted the Asperger’s Syndrome diagnosis but found that the evidence did not establish a real risk of inhuman or degrading treatment or a disproportionate interference with his rights. It accepted evidence from personnel at the Metropolitan Correctional Center in New York about screening, psychological services and access to prescribed medication, and found that US authorities would take appropriate steps to protect his health.
The Court of Appeal said the High Court had examined conflicting medical and prison-condition evidence in detail. Under the statutory limit on appeals from extradition orders, an appeal could proceed only on a point of law. The court said the challenge effectively asked it to reach a different conclusion on the same evidence, which was not permitted under that limit.
The court added that even if it could review the High Court’s factual findings, it would not reach a different conclusion. It acknowledged the serious concerns faced by Davis and his family, but dismissed the appeal. The High Court’s surrender order therefore remained in place, subject to the operative stay pending conclusion of the appeal; the Court of Appeal’s judgment did not itself record a new surrender date.