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News (Media Awareness Project) - Ireland: Court backs Gilligan extradition
Title:Ireland: Court backs Gilligan extradition
Published On:1997-10-29
Source:Irish Times
Fetched On:2008-09-07 20:38:20
Court backs Gilligan extradition

>From Rachel Donnelly, in London

Mr John Gilligan can be extradited to Ireland on charges of
drugtrafficking and firearms offences and one charge of murdering the
journalist Veronica Guerin, a London magistrate ruled yesterday.

However, Mr Gilligan can appeal the ruling to the High Court within the
next 15 days.

After 1 1/2 hours of legal argument at Belmarsh Magistrates' Court, the
magistrate, Mr David Cooper, rejected the case brought by Mr Gilligan's
counsel, Mr Julian Knowles, that the 18 warrants for Mr Gilligan's arrest
did not contain sufficient evidence of the allegations against him to allow
the extradition order.

Earlier Mr Knowles told the court that a British magistrate had the power
to back an extradition order only if the offences contained in the warrants
corresponded with offences in Britain. With reference to the charge of
murder, Mr Knowles argued the Irish warrant did not specify Mr Gilligan's
role in the murder and therefore the court could not know if the offence
corresponded with a similar offence in British law.

"The prosecution has not alleged whether Mr Gilligan was the trigger man,
whether he bought the gun or whether he paid the trigger man," said Mr
Knowles.

Representing the Irish Government, Mr Nigel Peters QC insisted the
magistrate was "not under an obligation or even required to make inquiries
into the allegations against Mr Gilligan". All that was required in law to
back the extradition was that the offences corresponded with British law.

"The summary of the offences in the warrants is sufficient for you to order
the extradition," Mr Peters told Mr Cooper.

Ruling in favour of the order under the Backing of Warrants (Republic of
Ireland) Act, 1965, Mr Cooper said he agreed that all the offences
contained in the warrants corresponded to offences under British law and as
such all that was left for him to do was to back the order.

Mr Gilligan, who had remained relaxed during the hearing, frowned as Mr
Cooper informed him that he would back the extradition order. However, he
smiled briefly when Mr Cooper reminded the court that he would have 15 days
in which to lodge an appeal.

Mr Cooper then told the prison officers standing on either side of Mr
Gilligan: "You may take him down."
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