A man wanted in connection with an alleged pipe-bombing conspiracy in England has failed in a Supreme Court appeal against his extradition.
Jason Buckley (27) from Athy, Co Kildare, is wanted to face trial on charges of conspiracy to cause explosions in Stoke-on-Trent, Staffordshire. It is alleged he had been involved in the making and planting of pipe bombs there.
Mr Buckley’s lawyers argued his constitutional right to a fair trial would be denied if he was extradited because the English system of allowing a co-conspirator testify against him was procedurally questionable and does not accord with a trial in due course of law.
There was the prospect evidence of others convicted of offences in relation to the same matter would be presented as admissible evidence, thereby compromising Mr Buckley’s presumption of innocence and the fairness of the trial, it was claimed.
The Minister for Justice and Equality denied the claims.
Mr Justice John MacMenamin, in an unanimous judgment of a five-judge Supreme Court, said he found the case made for Mr Buckley unconvincing for a number of reasons.
They included that what was being argued was purely a hypothesis regarding the application of rules of evidence in England.
There was no factual material presented that statutory provisions in England, which are just evidential rules, will be relied on in a trial, he said.
The argument put forward was not capable of being characterised as a defect in the English justice system, he said.
In relation to claims of breaches of Mr Buckley’s right under the European Convention of Human Rights to a fair trial, the judge said there was no evidence to support a refusal to extradite if there were grounds for believing Mr Buckley would be subjected to a flagrant denial of justice at his trial.
The court ordered Mr Buckley, who was on bail pending the appeal and was in court, be remanded in custody to Cloverhill. He is be surrendered for extradition to the UK authorities within 15 days.