Two Carlisle men wanted over a fatal stabbing in the city centre have argued that they should not be surrendered to the UK because of a “lack of clarity” on the charges they may face in England.
The High Court in Dublin today heard submissions from lawyers for Kane Hull and Liam Porter, who are both accused of murder or manslaughter in Carlisle on September 18 last year.
Hull, 28, of Bower Street, and Porter, 32, of Fulmer Place, appeared in hearings before Ms Justice Caroline Biggs at the High Court.
A warrant for their arrest was issued by UK authorities in relation to the fatal stabbing of 24-year-old Ryan Kirkpatrick at Carlyle’s Court, Carlisle, on September 18 of last year.
On September 27 at Carlisle’s magistrates’ court, warrants were issued for Hull and Porter relating to the fatal stabbing.
Porter is also further wanted in relation to assisting an alleged offender, Hull. Both men first appeared before the High Court on September 29, after being arrested on foot in the Carracastle area of County Mayo a week earlier.
Both murder and manslaughter carry a maximum of life imprisonment while assisting an offender carries a maximum of 10 years’ imprisonment, the warrant states.
Ronan Kennedy SC, for the Minister for Justice, today said there was no reason why the warrant should be refused but said that the allegation of assistance against Porter may be a “battleground”.
In his submission objecting to surrender, the barrister said that the charge of leaving the scene with Hull did not meet the threshold of an offence under Irish law and that it was “simply not clear what is intended” by UK authorities.
He said Porter should “not be sent back blind” to the UK regarding the charges.
Mr Bowman also argued that there should not be two charges – murder and manslaughter – arising from a single narrative of facts regarding the stabbing of Mr Kirkpatrick.
Ms Justice Biggs said that if there was support or encouragement in a ‘mens rea’ (guilty mind) manner, then Porter could be accused of either murder or manslaughter, depending on his intent.
Mr Bowman repeated that the threshold for the assisting allegation had not been met in terms of finding a corresponding offence in Irish law.
Mr Kennedy said correspondence with Irish law was “satisfied” and that the warrant was perfectly clear in what it set out. Tom Horan BL, for Hull, endorsed the stance taken by Mr Bowman in his submission.
Ms Justice Biggs adjourned both cases to February 17, when she hopes she will be in a position to make an order.
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Two men wanted in connection with death of Ryan Kirkpatrick appear at Dublin court
