European arrest warrant did not satisfy exception to prohibition of surrender where person tried in absentia

European arrest warrant – Italian authorities seeking the surrender of woman convicted of drugs offences –importation, sale, distribution, trade and illicit possession of quantities of cocaine - custodial type warrant - 20-year sentence – convicted in absentia - represented by a lawyer at the time of arrest - released without charge then left Italy and heard nothing further about any trial - unaware of any lawyer acting on her behalf - could not have given him/her a mandate to represent her - nature of criminal proceedings in Italy - distinction between the first stage of preliminary examination – whether the provision prohibiting surrender where a person was tried in absentia unless procedural safeguards applied was correctly utilised – format of the warrant – old framework decision used - request for further information – how she was summonsed – relevant provisions – only possible applicable safeguard was that she was aware of the scheduled trial and gave a mandate to a lawyer to represent her - always been the Italian position that she had instructed a lawyer to act on her behalf – Minister argued that the information contained in the entirety of the EAW and the additional documentation sent by the Italian Court satisfies it that one of the conditions set out justifying her surrender despite her trial being in absentia - absence of a clear designation from an issuing judicial authority that a particular part of the Table is being relied upon - for the issuing judicial authority to give the assurance that the particular requirement has been met – not appropriate for the Court to analyse the information provided for the purpose of assessing whether that assurance has been given - no direct statement that the respondent was aware of her scheduled trial when she gave a mandate to her lawyer - untraceable at the point at which she was committed for trial and the date of the scheduled trial was served on the lawyers who had represented her – delay in seeking her surrender – breach of her right to fair trial – breach of her family and personal rights – mother to Irish citizen child - naturalised as an Irish citizen – work and education history in the state - well known to the social welfare authorities – fact that she changed her name is not explained by her - proportionality test - the court must assess the pressing social need for the surrender - she left the jurisdiction at a time when she was aware that there were preliminary proceedings against her – not living openly in this jurisdiction - lapse of time is not indicative of a lack of public interest in her surrender - clear public interest in bringing fugitives to justice – surrender would not be a disproportionate interference with her family rights – no breach of her right to a fair trial – she argued that as the offences in this case took place between September 1999 and June 2000, the extradition request ought to have been addressed by way of the pre-2002 extradition arrangements in place between Ireland and Italy - nothing on the face of the Act of 2003, as amended, which prohibits this Court from surrendering a person to Italy merely on the ground that the offence pre-dated 7th August, 2002.