Stay on order to surrender man to Lithuania granted pending determination of application for leave to appeal to Supreme Court

European arrest warrant - application for a stay pending an application for leave to appeal to the Supreme Court - a party is entitled to seek leave to appeal directly to the Supreme Court from an order granting or refusing surrender made pursuant to s. 16(1) of the European Arrest Warrant Act, 2003 - certificate for leave to appeal must be made to the High Court before an appeal can be taken to the Court of Appeal - certificate may only granted if the High Court is satisfied that the order or decision involves a point of law of exceptional public importance and that it is in the public interest that an appeal should be taken to the Court of Appeal - if the certificate is granted and an appeal is lodged, the person cannot be surrendered to the issuing state while proceedings relating to the appeal are pending -  there may be a time lag between the granting of the certificate and the lodging of an appeal - may be necessary to apply for a stay - order of surrender was made by this Court on 3rd March, 2017 and perfected on 3rd March 2017 - on 13th March, 2017, the respondent indicated his intention to seek a certificate of the High Court for the purpose of appealing that Order to the Court of Appeal and requested that the matter be heard on 16th March, 2017 – out of time to appeal - Court refused to grant a certificate – indicated intention to apply for leave to appeal to the Supreme Court - stay would have to be sought – delay in filing application to appeal – delay in making application for stay - order of surrender came into effect – application for stay made - law as it relates to stays - Court does not accept (nor was it really pressed by the respondent) that the Court must grant a stay in every case where there is an application for leave to appeal to the Supreme Court - provisions of s.16 of the Act of 2003 do not require a stay on surrender in the event of an appeal to the Supreme Court - application for leave to appeal is not to operate as a stay – not automatically entitled to a stay pending the determination by the Supreme Court of his application for leave to appeal - test in respect of stays or injunctions in judicial review applications - whether the appeal is arguable - criteria for obtaining leave to appeal to the Supreme Court are different from the criteria under which the High Court considers the grant of a certificate to appeal - there is a fair question to be tried in terms of whether the respondent has reached the threshold of a general point of importance and indeed in relation to the interests of justice - first case where there has been a direct appeal from the High Court concerning a s.16 order of surrender - where the greatest risk of injustice would lie - made out no reason as to why his case involves a point of law of exceptional public importance and that it is in the public interest to allow his appeal -  not desirable in the public interest that an appeal which is out of time be allowed - time frame for appeal to the Supreme Court has to be engaged with - no real excuse for the delay in waiting so long to seek a certificate for leave to appeal the decision to the Court of Appeal - no justification in not seeking the stay – inexcusable manner in which Chief State Solicitor was informed of intention to appeal - Court is required to weigh in the balance the public interest in the orderly operation of the scheme for surrender - balance of justice does not require me to refuse the stay in this case despite the fact that arrangements have been put in train for the respondent’s surrender.