Two men accused of murdering Carlisle man Ryan Kirkpatrick could face UK court in 16 days.
European Arrest Warrants were issued for Kane Hull and Liam Craig Porter after the death of the 24-year-old, at Carlyle’s Court, Carlisle, on September 18.
Hull, 29, of Bower Street, and Porter, 32, of Fulmer Place, both Carlisle, were then arrested in the Carracastle area of County Mayo later that month.
They both first appeared before the High Court in Dublin on September 29.
Points of objection against extradition were then filed by each respondent’s legal team on October 22, leading to a further adjournment to November 1.
The second of two further adjournments saw Ms Justice Biggs adjourn to February 17, when she hopes she will be in a position to make an order.
“They can object or surrender to a European Arrest Warrant to the UK. The defendants objected in this case on a legal basis, basically speaking on human rights grounds,” said Brian Storan, a barrister based in Dublin who specialises in extradition law.
It is this objection, said the barrister, which then leads to a legal process that can take months – even before the pandemic.
How long does extradition take in Ireland?
“On a European Arrest Warrant we have a new agreement between the UK and EU which says extraditions are supposed to be done in 60 days from the arrest, but that timescale is very rare,” said Mr Storan.
“They can be held up for a long time.
“I know a case recently where the defendant was arrested in December 2019 and was only surrendered a month ago.”
The two defendants will appear before the High Court in Dublin tomorrow, with the judge expected to deliver their ruling.
If the legal challenge to the extradition by the solicitors of the two defendants is rejected, things can then move quite quickly.
“They won’t surrender custody straight away. There will be a 15-day period where they can’t be moved,” said Mr Storan.
If after this 15-day period no further appeals are made, or an appeal is unsuccessful, they can then be handed over to UK authorities.
“The Irish police will then bring them to the airport and they will be picked up by the English police and brought back to the UK,” said Mr Storan.
The defendants can then be flown on a commercial flight, or sometimes on a military aircraft.
However, there is an important caveat to consider – if the defendants lodge a successful appeal against the judge’s decision to extradite.
This could delay the process by another few months.
What are the ground for appealing a High Court ruling?
An appeal can be made to the Supreme Court on a novel point of law or if the decision of the High Court involves a matter of general public importance or it is in the interest of justice that it is necessary that there is an appeal.
How common are extradition hearings in the Republic of Ireland?
Extradition hearings are commonplace in the Republic of Ireland.
“They happen every day,” said Mr Storan.
“We get quite a few to Northern Ireland and Britain, Poland, Lithuania – everywhere in the EU.
“To the UK we have roughly three every day.”
What impact has Brexit had on extradition in Ireland?
This process was made more difficult as the European Union thrashed out post-Brexit agreements with the UK.
“Brexit made it harder (in the initial stages), it obviously complicated extradition requests over the last two years and delayed them quite significantly.”
Mr Storan believes the disruption is now beginning to ease.
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