H132
Judgment Title: Minister for Justice and Equality -v- McArdle Neutral Citation: [2014] IEHC 132 High Court Record Number: 2011 267 EXT Date of Delivery: 21/02/2014 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
Minister for Justice and Equality v. McArdle (Unreported, High Court, Edwards J., 21st February, 2014) Extradition- European arrest warrant- refusal to surrender- - homicide contrary to s.287 or 289 of the Dutch Penal Code- previous surrender to Ireland from the United Kingdom - request for onward rendition following an inward rendition – s.21A European Arrest Warrant Act 2003, as amended – summons issued to appear in District Court of Amsterdam- whether respondent wanted for questioning or prosecution – onus rests on the respondent to satisfy the Court - s.20 (1) request for further information – whether conflict as public prosecutor also the issuing judicial authority – alleged abuse of court process- no mala fides established- s.4A presumption not rebutted. |