A young paraplegic man will lodge an appeal to the Supreme Court today against a High Court order for his extradition to the UK where he is wanted on a murder charge.
In the High Court yesterday morning, Mr Justice Michael Peart ordered that Jason Brady (25), of Cushlawn Drive, Tallaght, be extradited to the UK where he is wanted in connection with the murder of Charles William Tandy in Birmingham, on December 10th, 2001.
Later yesterday, Mr Brady, who is confined to a wheelchair as a result of injuries sustained in an unrelated motor accident in Ireland in 2006, secured bail from the Supreme Court pending the outcome of his appeal. The State consented to bail.
Mr Brady was released on bail on his own surety of €5,000, an independent surety of €5,000 and on his agreeing not to leave the jurisdiction and not to apply for a new passport, having already surrendered his existing passport.
The court was told by Giollaiosa Ó Lideadha SC, for Mr Brady, that a notice of appeal against the extradition order will be lodged today.
Mr Brady's extradition is sought in relation to a number of charges including that he trespassed on a technology building at Redding Lane, Tyseley, Birmingham, stole a laptop computer and, when making his escape in a stolen car, drove over Mr Tandy and injured another person.
Mr Brady contested his extradition on the basis that he is terrified his medical needs may not be met in a British prison. He also argued the delay in issuing the warrant was prejudicial.
In his judgment, Mr Justice Peart said that while Mr Brady was entitled to "every sympathy" for his condition he was satisfied that there was no basis on health grounds to refuse the application to extradite him to the UK.
The court operated on the assumption that all surrendered persons are given acceptable treatment, medical or otherwise, and that their rights under the European Convention on Human Rights are observed, he said.
The delay in the process was also, in his view, "irrelevant" to the issue of a speedy trial.
An unfortunate factor was that, had Mr Brady decided not to contest his extradition, which he was entitled to do, his surrender would have taken place at a much earlier stage, the judge remarked.
Had Mr Brady not challenged his extradition, he "would not in all probability have suffered the appalling injuries in the motor accident in May 2006 which have left him in a paraplegic state".