Surrender to Romania for driving offence ordered as court rejects claims of lack of notice and defence rights breach

The High Court ordered the surrender of the respondent to Romania for the service of a one-year sentence imposed for driving without a licence and causing a traffic accident. The respondent argued that his rights of defence were breached as he was not properly notified of the trial and appeal hearings and did not mandate a lawyer, but the court found these assertions lacking in credibility. The court held that, although there was no direct evidence that the respondent was notified of the final appeal hearing or informed that the proceedings could continue in his absence, the cumulative circumstances—particularly his earlier involvement, his knowledge of the criminal investigation, his instruction of a state-appointed lawyer, and his manifest lack of diligence in engaging with the process—allowed the court to infer an effective waiver of the right to be present. The court also rejected the submission that the absence of a custodial penalty for the corresponding Irish offence barred surrender, clarifying that the necessary legal correspondence relates to the conduct, not the sentence. Surrender to Romania was therefore granted.