A senior manager with Irish Life has won his High Court battle against extradition to Hungary where he was convicted in his absence of negligent driving causing the deaths of two young children.
At the High Court yesterday, Mr Justice Michael Peart said he was refusing the application by the Hungarian authorities for the extradition of Ciarán Tobin, of Cairn Manor, Ratoath, Co Meath, to Hungary.
Mr Tobin hugged his wife in court when the judge announced his decision.
The judge said his refusal was based on his finding that Mr Tobin's departure from Hungary could not be defined as "fleeing", as had been contended on the extradition warrant.
Mr Tobin (41) was convicted in his absence by a Hungarian court in 2002 of negligent driving causing the deaths of the two children after his car mounted a footpath in a built-up area of Budapest on the afternoon of April 9th, 2000.
A three-year sentence was imposed, which was later adjusted on appeal to 18 months.
As a result of the collision, five-year-old Marton Zoltai, who was standing on the footpath, and two-year-old Petra Zoltai, who was sitting in a pram, died immediately.
Mr Tobins's company car, a Volvo, mounted the path after he was overtaking due to an excessive steering movement. His vehicle was travelling at 71-80kpm at the time of the accident, it was stated.
Mr Tobin's wife and two Irish friends were in the car at the time. The following day, all four attended a police station, and made a statement with the assistance of a Hungarian lawyer.
Mr Tobin, a father of two and senior manager with Irish Life plc, was arrested at his home last January on foot of a European arrest warrant issued by the Budapest authorities. At the time of the alleged offence he had been working for Irish Life in Budapest for three years.
In his judgment Mr Justice Peart said that he accepted Mr Tobin's argument that he and his family left Hungary, on November 30th, 2000, following the completion of his work in that country, and that he never fled Hungary at any time before the commencement of any sentence imposed on him.
"I am satisfied that the fleeing must occur following the imposition of sentence, and not as in this case, where the respondent left before the trial," the judge said.
"If the Hungarian authorities had postponed his trial and were now seeking the respondent's surrender so that he could face trial, the matter may be different."
Noting that Mr Tobin had been sentenced in Hungary in absentia, the judge said that the Hungarian authorities had indicated in writing that it would be contrary to their law to retry Mr Tobin.
"It is a fact that the respondent was aware of the date of the trial, was represented at it through a Hungarian lawyer, and in addition he lodged an appeal," said the judge.
Following Mr Justice Peart's judgment, a legal representative of Mr Tobin said his client had no comment to make.