High Court refuses application for discovery in extradition case where it was claimed that the Minister's order for the applicant's surrender was invalid because she did not ascertain the Director of Public Prosecution’s reasons for not prosecuting the applicant in this jurisdiction, on the grounds that the applicant has not demonstrated that the documents are necessary; and unsubstantiated assertions about the Minister’s failure to take into account proper considerations, and taking into account improper ones, does not entitle him to discovery.
Extradition – discovery – applicant is sought by the USA for the purposes of prosecution for four alleged offences relating to the advertisement and distribution of child pornography – s. 27 (6) of the Extradition Act, 1965 – s. 33 (1) and s. 15 (2) of the 1965 Act – applicant seeks memoranda relating to the respondent’s consideration of her decision on whether to direct the surrender of the Applicant to the USA – Hogan and Morgan’s Administrative Law in Ireland (4th ed., Roundhall) – whether the minister’s decision to order the applicant’s surrender to the USA was invalid because she did not seek or ascertain the DPP’s reasons for not prosecuting the applicant in this jurisdiction and also that the reasons the minister gave for her decision were inadequate – grounds put forward by the applicant amount to speculation and in some cases imputations of bad faith on the part of the minister – applicant has not demonstrated that the documents are necessary – unsubstantiated assertions about the minister’s failure to take into account proper considerations and taking into account improper ones, does not entitle him to discovery – application for discovery refused