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High Court refuses application for discovery by the respondents in two sets of proceedings seeking the respondents' surrender pursuant to European Arrest Warrants, on the grounds that: (a) a mere assertion that rights will be violated is not sufficient to establish that the material sought is necessary for the fair disposal of the proceedings; (b) no allegation had been made that the evidence gathered by the gardaí was in breach of the respondents' constitutional rights; (c) aside from not being able to rely on the Constitution, there was no suggestion that the respondents would not receive a fair trial or that the materials sought would not be furnished to them if they were surrendered and charges were then brought in Northern Ireland; and (d) it was the duty of the court to ensure that the efficient operation of the EAW scheme was not hampered by unnecessary applications for discovery and not to engage in examination of evidence, which was more properly the function of the court where the trial would take place.
Application for discovery by respondents - underlying substantive applications by the Minister for Justice for orders for the surrender of the respondents pursuant in each case to a European Arrest Warrant ("EAW") issued by District Judge in Northern Ireland - both respondents facing charges of attempted murder of serving police officers and possession of explosives with intent, alleged to have taken place in Northern Ireland - respondents allegedly startled in placing of explosives and fled Northern Ireland by car - chase picked up by gardaí once across the border - respondents arrested and detained in the State - one respondent had solicitor present throughout interviews - other respondent chose not to have solicitor present - evidence obtained by gardaí transmitted to authorities in Northern Ireland - respondents contending that their surrender to the authorities in Northern Ireland would be contrary to European Arrest Warrant Act 2003 ("2003 Act") as in breach of constitutional and/or ECHR rights - right to silence and right to a fair trial - whether courts in the State the only courts that can vindicate constitutional rights - respondents had already sought orders of mandamus requiring disclosure of information arising from their detention in the State - applications dismissed in the High Court and on appeal to Court of Appeal, in course of which it was observed that 2003 Act makes provisions for discovery - whether discovery was necessary for the fair disposal of the surrender proceedings within the meaning of Order 98 RSC - whether the lawfulness of the evidence arises for consideration in surrender proceedings having regard to Framework Decision 2002/584/JHA as amended.
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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