Court backs Gilligan extradition court

Mr John Gilligan can be extradited to Ireland on charges of drug-trafficking and firearms offences and one charge of murdering…

Mr John Gilligan can be extradited to Ireland on charges of drug-trafficking and firearms offences and one charge of murdering the journalist Veronica Guerin, a London magistrate ruled yesterday.

However, Mr Gilligan can appeal the ruling to the High Court within the next 15 days.

After 1 1/2 hours of legal argument at Belmarsh Magistrates' Court, the magistrate, Mr David Cooper, rejected the case brought by Mr Gilligan's counsel, Mr Julian Knowles, that the 18 warrants for Mr Gilligan's arrest did not contain sufficient evidence of the allegations against him to allow the extradition order.

Earlier Mr Knowles told the court that a British magistrate had the power to back an extradition order only if the offences contained in the warrants corresponded with offences in Britain. With reference to the charge of murder, Mr Knowles argued the Irish warrant did not specify Mr Gilligan's role in the murder and therefore the court could not know if the offence corresponded with a similar offence in British law.

READ MORE

"The prosecution has not alleged whether Mr Gilligan was the trigger man, whether he bought the gun or whether he paid the trigger man," said Mr Knowles.

Representing the Irish Government, Mr Nigel Peters QC insisted the magistrate was "not under an obligation or even required to make inquiries into the allegations against Mr Gilligan". All that was required in law to back the extradition was that the offences corresponded with British law.

"The summary of the offences in the warrants is sufficient for you to order the extradition," Mr Peters told Mr Cooper.

Ruling in favour of the order under the Backing of Warrants (Republic of Ireland) Act, 1965, Mr Cooper said he agreed that all the offences contained in the warrants corresponded to offences under British law and as such all that was left for him to do was to back the order.

Mr Gilligan, who had remained relaxed during the hearing, frowned as Mr Cooper informed him that he would back the extradition order. However, he smiled briefly when Mr Cooper reminded the court that he would have 15 days in which to lodge an appeal.

Mr Cooper then told the prison officers standing on either side of Mr Gilligan: "You may take him down."