The High Court has ordered the surrender of a man to Northern Ireland pursuant to a European Arrest Warrant for prosecution on charges dating back to the 1970s including murder, firearms possession, and membership of a proscribed organisation. The original decision not to prosecute the man in Ireland was based on insufficient evidence, but new evidence had since emerged linking him to the offences. The court found that the offences corresponded to Irish law and that the delay in prosecution did not preclude a fair trial or constitute an abuse of process. The court also determined that surrender would not disproportionately interfere with the man's family rights under the ECHR.
Surrender, Northern Ireland, murder, firearms possession, proscribed organization membership, Irish Republican Army (IRA), European Arrest Warrant Act 2003, Trade and Co-Operation Agreement warrant (TCAW), historical offences, fair trial, abuse of process, Article 8 ECHR, family rights, correspondence of offences, joint enterprise, mens rea, Criminal Justice Act 1964, Offences Against the State Act 1939, European Convention on Human Rights (ECHR), Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, High Court, judicial authority.