An Irish Traveller wanted in England on a murder charge has brought the first challenge to new EU legislation which provides for the extradition of persons to other EU states.
Mr Michael O'Higgins SC, for Mr Kenneth Martin Dundon, argued that the English authorities had failed to comply with provisions of the European Arrest Warrant 2003 (EAW) as enacted by the Oireachtas.
Mr Dundon (47), a native of Cork with an address in London, is wanted in England to face a charge of murdering Mr Christopher Jacobs at Hoxton, London, on October 9th, 2003.
It is alleged that Mr Jacobs was having an affair with Mr Dundon's partner. Mr Dundon was arrested in Limerick on February 11th last.
In an affidavit read to the court, Mr Dundon said he did not kill Mr Jacobs and was working at the time of the incident. He alleged the warrant was issued to facilitate his prosecution or punishment in England for reasons connected with his race and ethnic origin or imputed political opinions. He believed that he would be treated less favourably than an Englishman. He said he experienced regular harassment from police and authorities in England and had been subjected to searches and general intimidation from English police.
He had no doubt that the harassment was inextricably bound up with his identity as an Irishman and a Traveller. He had friends with republican beliefs and believed that similar political beliefs had been imputed to him.
Mr Thomas O'Connell SC, for the State, argued the warrant from the English authorities was in the form stipulated in the EAW provisions.
There were written undertakings from the Parliamentary Under Secretary of State and the DPP for England and Wales that Mr Dundon would not be extradited to any other state, other than an EU state, without the consent of the Irish High Court and that proceedings against Mr Dundon would be for a charge of murder or any lesser offences related to the death of Mr Jacobs.
Mr O'Higgins said a letter from District Judge Frances McIvor of Thames Magistrates Court had claimed she had undertakings from the Parliamentary Under Secretary of State and DPP.
This letter was written on headed notepaper and was what a judge might do if writing to a friend. It was not a court order nor a judicial order and did not constitute undertakings by a judicial authority as required by the 2003 legislation.
The case resumes on Monday before Mr Justice Ó Caoimh.