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Court of Appeal, in habeas corpus proceedings, dismisses appeal of High Court rejection of claims that the European Arrest Warrant (EAW) procedure breached fair procedures, restricts the right of appeal, and was unconstitutional, on the grounds that the approach taken by both High Court judges in the proceedings were correct, and the challenge to the EAW proceedings on a piecemeal basis should be subjected to rigorous scrutiny.
European arrest warrant – murder and possession of a firearm with intent to endanger life – constitutionality of s. 16(1) and s. 20 of the European Arrest Warrant Acts 2003 – whether the proceedings are inquisitorial – habeas corpus – Article 40 inquiry – whether the stay application was unnecessary – whether the applicant's claim was bound to fail – sui generis/inquisitorial issue – restriction on cross examination arising from s. 20 – arrangements for appeal – Res judicata and Henderson v. Henderson – The Law of habeas corpus in Ireland” by Kevin Costelloe – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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