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High Court refuses judicial review of a decision of the Director of Public Prosecutions not to prosecute a suspect in Ireland for offences the subject matter of an extradition request from the USA, on the grounds that: (a) the application for leave to seek judicial review was made outside the three-month time limit after the applicant was aware of all relevant facts, and there were no grounds to extend time; (b) the applicant's counsel had failed in his obligation of candour in the ex parte application for leave, where the court specifically requested relevant legal authorities on the points raised and the counsel failed to open two authorities that would have been relevant; and (c) the applicant failed to establish that the prosecution would have been in a position to obtain the relevant files from the authorities in the USA.
Judicial review - extradition - application for DPP to prosecute suspect in Ireland, rather than extradite him to the US - child pornography - transportation of a minor to engage in sexual activity - two counts alleged to have occurred in the state of New York - s. 27 of the Extradition Act 1965 - leave granted to seek judicial review - matter transferred to extradition list - whether application made within relevant time period - O. 84, r. 21 - relief of mandamus sought - knowledge of relevant facts on receipt of letter dated 19 February 2018 - letter received by 5 March - application for leave made on 11 June - awareness that extradition was sought in November 2017 - application for extension of time - delays by solicitor in attending applicant in prison - breach of duty of good faith - non-disclosure of relevant legal authority - principle of candour - authorities requested by judge hearing application for leave.
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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