The extradition of Mr John Gilligan, who is charged with the murder of the journalist Veronica Guerin and drugs and firearms offences, may be delayed for up to two months, Woolwich Crown Court in London was told yesterday.
The House of Lords dismissed Mr Gilligan's appeal against extradition last week, but until a written judgment is handed down by the law lords, which could take up to two months to prepare, the Crown Prosecution Service (CPS) has given an undertaking that he will not be extradited to Ireland.
Subject to the written judgment, Mr Shane Colleary, for the CPS, told the court that commissioners for Customs and Excise would then stay the proceedings against Mr Gilligan in Britain on drug-trafficking charges. It is understood that Mr Gilligan, who has been in custody in Britain for three years, will then be sent back to Ireland with gardai on a flight from RAF Northolt.
Standing behind a glass-panelled dock, Mr Gilligan ignored an instruction to confirm his name and instead handed a letter to his counsel, Mr James Lewis.
Applying for an extension of Mr Gilligan's custody time limits until December 13th, Mr Colleary said he was informed that the law lords required between one and two months to prepare their written judgment. Setting a custody time limit with the law lords in mind would ensure Judge James Rucker, sitting at Woolwich Crown Court, would not need to rule on Mr Gilligan's case again, he said.
Opposing the extension of custody time limits, Mr Lewis said the law lords had "somewhat unusually" given their judgment immediately and a written judgment required "a couple of weeks to two months" to prepare. During the hearing, Mr Lewis told the court that Mr Gilligan had instructed him to oppose the extension of custody time limits and to ask Judge Rucker to provide an explanation if he ruled that time limits could be extended.
Mr Gilligan was demanding that Customs and Excise make its position clear on whether he was to be tried in Britain and if he was not to be tried "there should be no reason to extend custody time limits. There is no practical effect. The appeal process has been exhausted and he will be extradited," Mr Lewis said. Further delaying the decision for two months was unsatisfactory, he said.
Granting the extension of custody time limits until December 13th, Judge Rucker said it was possible that the law lords would give Mr Gilligan's appeal "some priority" in accordance with his earlier inquiries in the case.
But while he was concerned at various stages about the appropriateness of the case against Mr Gilligan, the current delay was for the first time at the defence's request pending the law lords' written judgment.