High Court refuses to order the release of a prisoner, where he had been returned from the United Kingdom pursuant to a European arrest warrant and had been refused bail in the District Court, where he was deemed a flight risk, on the grounds that nothing in the rationale for refusing bail denied the District Court of jurisdiction and there was no error on the face of the order that rendered his detention unlawful.
Article 40 – habeas corpus – prisoner arrested in the United Kingdom on foot of a European Arrest Warrant issued in Ireland for the prosecution of two offences, namely, a drugs offence and endangerment – consented to his return to Ireland – granted bail on conditions in UK – returned to Ireland – charged with the endangerment offence – four bench warrants relating to road traffic offences that did not form part of the EAW – he objected on the basis that he had been returned to Ireland in order to be dealt with in respect of certain specified matters that were the subject of the warrant – District Court Judge ruled against him - State objected to bail on the grounds that he was a flight risk with a history of taking bench warrants and absconding to the UK – State argued that imposition of conditions would not be sufficient – he argued that he was unaware of the existence of any warrants - argued that he believed his life was in danger in Ireland - District Court refused bail – held that he would probably be in custody in the UK if he did not consent to surrender – held that if he absconded to the UK now it would cause difficulties and the State would have to issue another EAW – prisoner argued that his detention is unlawful because he was being prosecuted and detained in respect of offences which did not form the subject-matter of the European arrest warrant – argued that the District Court Judge erred in his remarks when refusing him bail - doctrine of specialty – at the hearing the State indicated that the only offences for which he would be prosecuted would be those in respect of which his surrender was sought and made - rationale which the District Judge offers for him being a flight risk is entirely convincing – if any error does arise in the District Judge’s comments, they are not sufficient to deprive him of jurisdiction – Court does not perceive there to be any error on the face of the District Court order such as would justify release.