FRESH EXTRADITION proceedings have been brought against an Irishman wanted in Hungary in connection with a road incident causing the deaths of two children in Budapest in April 2000.
The High Court has heard that the Hungarian authorities have brought a second application for the extradition of Francis Tobin (45), Offington Drive, Sutton, Dublin, who was convicted in Hungary in his absence of negligent driving causing the deaths of Marton and Petra Zoltai (aged five and two) in April 2000.
Mr Tobin, a married father of two, was remanded on bail to appear before the court again in early December.
A previous request by the Hungarian authorities for Mr Tobin’s extradition was refused by the High Court in 2007. In that decision, Mr Justice Michael Peart ruled Mr Tobin’s departure from Hungary could not be defined as “fleeing”, as was contended in the extradition warrant. The judge said he accepted Mr Tobin’s argument that he and his family had left Hungary on November 30th, 2000, following the completion of his work there. That High Court ruling was upheld by the Supreme Court in February 2008.
Yesterday, Ronan Kennedy, for the State, said that since the 2007 High Court decision in Mr Tobin’s case, there had been a change to the law contained in the 2009 Criminal Justice Act.
Mr Kennedy said a European arrest warrant seeking Mr Tobin’s arrest was issued by the Hungarian authorities last September and was endorsed by the High Court last month.
David Keane, for Mr Tobin, said the earlier judgements focused on the issue of fleeing, but there was a number of other points of objection against any order for his client’s surrender to Hungary.
The judge remanded Mr Tobin on bail on his own bond of €3,000 and two independent sureties of €5,000 each.
Sgt Jim Kirwan of the Garda extradition unit told the court Mr Tobin was arrested on Tuesday last. When asked whether he knew about the content of the European arrest warrant, Mr Tobin replied: “Yes I know. I thought this was over after the Supreme Court.”
In the warrant it is stated a car driven by Mr Tobin mounted a footpath in a built-up area of Budapest on April 9th, 2000, as a result of which Marton and Petra Zoltai were killed. It is claimed Mr Tobin’s wife and two Irish friends were also in the car. The following day all four attended a police station and made a statement.
At the time of the crash Mr Tobin had been working for Irish Life in Budapest for three years. He was sentenced to three years in prison by a Budapest court, reduced to 18 months on appeal.