By Ciaran Vale
The High Court has refused to surrender a 66-year-old man living in Tralee to the United Kingdom to face three alleged indecent assaults on his granddaughter, citing both prosecutorial delay and his severe heart disease.
The man, identified as S.R., was sought under a European Arrest Warrant issued in February 2005. The allegations concerned three incidents in England between June 2000 and September 2001, when his granddaughter was about nine. He denied the allegations.
The child disclosed the alleged assaults to her mother in 2001. Her parents initially did not want police involvement because S.R. had moved to Tralee, but contacted police in July 2002 after learning that he was travelling between Ireland and England. A domestic arrest warrant issued in January 2003.
Mr Justice Michael Peart was critical of what happened next. Evidence from the Crown Prosecution Service was that extradition requests involving Ireland were deliberately held back while UK authorities awaited resolution of difficulties with undertakings required under Ireland's 2003 European Arrest Warrant legislation and anticipated amending legislation.
The judge found that this policy took no account of S.R.'s individual circumstances, despite his known illness, and conflicted with the requirement that European Arrest Warrant cases be dealt with urgently. He characterised the treatment as unfair, invidious and oppressive.
Medical evidence showed that S.R. had advanced coronary artery disease, previous bypass surgery, repeat bypass surgery in November 2004 and an implanted defibrillator. His cardiologist warned that acute severe stress could precipitate a catastrophic coronary event.
Peart J found a real risk that S.R. could die if exposed to severe stress and considered surrender, preparation for trial and trial itself capable of producing such stress.
While acknowledging the public interest in prosecuting the allegations, the judge held that it had to yield to S.R.'s constitutional rights to fair procedures, due process, bodily integrity and life. The surrender application was therefore refused.