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Cite as: [2014] IEHC 139
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Judgment Title: Damache -v- DPP & Ors Neutral Citation: [2014] IEHC 139 High Court Record Number: 2014 211 JR Date of Delivery: 28/02/2014 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
ALI CHARAF DAMACHE V. THE DIRECTOR OF PUBLIC PROSECUTIONS, MINISTER FOR JUSTICE & EQUALITY, IRELAND, ATTORNEY GENERAL, AND THE MINISTER FOR JUSTICE AND EQUALITY (Unreported, High Court, Edwards J., 28th February, 2014) Judicial review – Leave - S. 26 Extradition Act 1965 as amended – Treaty on Extradition between Ireland and the United States of America – Decision of Director of Public Prosecutions not to prosecute – Certiorari – Threshold for leave to apply for judicial review – On notice - Stateable or arguable case – Prosecutorial discretion – Courts disinclined to interfere with decision of D.P.P. save in exceptional circumstances – No right to be prosecuted – Absolute territoriality bar gone –Concurrency of jurisdiction – Forum conveniens - Improper to direct prosecution to avoid extradition – Refusal to prosecute not irrational or unreasonable – Forum issues may be raised in extradition case – Application for leave to apply for judicial review refused |