A convicted murderer who is alleged to have absconded from Northern Ireland has asked the High Court to stay a decision on whether he should be extradited back until his application to transfer his prison sentence to the Republic has been determined.
James Meehan (54) has also argued that the punitive part of his sentence has been served and that he had actually been released from prison “on licence” when he came to live here late last year.
Meehan, with addresses in Derry City and Headfort Grove, Kells, Co Meath, was sentenced in 2009 to life imprisonment – with a minimum of 14 years to be served – for the murder of Derry man Jim McFadden in May 2007.
The 42-year-old victim was repeatedly punched in the chest and died from a ruptured heart in an attack that took place after the wedding reception of Mr McFadden’s sister-in-law in Donegal.
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Meehan, who is on bail, was arrested by arrangement by gardaí in May of this year on foot of extradition warrants issued in April, where he was described by the Northern Ireland Prison Service as being “unlawfully at large”.
As part of his release in the North, Meehan was allowed to reside at a Limavady, Co Derry, address from Friday to Sunday each week under a curfew of 10pm to 7am and forbidden to leave Northern Ireland without permission.
However, on October 9th, 2022, after his curfew was activated, the Limavady address was visited by authorities and Meehan was not there.
Two warrants were issued by authorities in the North, with one stating that Meehan is wanted to serve out the remainder of his life sentence until parole eligibility, while the other states he is wanted for the breach of his release conditions.
At his extradition hearing in the High Court today on Wednesday, Brian Storan, for Meehan, told Ms Justice Melanie Greally that his client, who was born in Co Louth and raised in Co Meath, had applied to have his life sentence transferred from the North to the South in 2017.
Mr Storan submitted to the court that any decision on his client’s surrender should be stayed until the matter of the transfer of the life sentence was decided.
“In all of the circumstances, the respondent asks that a final decision on surrender would not be made until his long-running application for the transfer of his sentence of imprisonment has been determined,” submitted Mr Storan.
Mr Storan said Meehan had been living in Kells with the support of his family.
“It’s clear that this is where he wanted to be since finishing the sentence and he has had a long-time application since 2017 for the transfer of sentence,” said counsel.
“The delays are not down to him, nor the complications, and are not factors he should suffer from,” said Mr Storan. Counsel said Meehan had been of “good behaviour without issue to date” since being released from prison.
“He has been getting on extremely well. He has changed and hopes to make a positive impact on society and within the community in Kells,” said Mr Storan.
Counsel said his client “considers himself rehabilitated and the best way to continue that is with his family here”.
Mr Storan said his client was also objecting to his extradition on the grounds that the punitive part of Meehan’s sentence had already been served. He argued that on October 9th, 2022 Meehan was not on temporary release but actually “on licence” – a lifelong suspended sentence – because the mandatory minimum sentence of 14 years had been backdated by one and a half years.
Mr Storan said if his client was on licence then Meehan could only be detained in custody if he were deemed to be “a risk to the public” by parole commissioners in Northern Ireland. Mr Storan said “it is not at all clear that double-criminality is established – we say that he wasn’t on temporary release”.
Leanora Frawley, for the Minister for Justice, said the warrant stated that Meehan was sought in the North as he had been “unlawfully at large” from his “temporary release”, which contained conditions that he observe a curfew, reside at two particular addresses and not leave Northern Ireland.
“There is no affidavit evidence that he [Meehan] was on licence. It’s quite clear that he was on temporary release,” said Ms Frawley.
Ms Frawley said the High Court could not accede to Mr Storan’s submission on applying for a delay while there was a live prosecution in the North regarding Meehan for allegedly being unlawfully at large.
Ms Justice Greally adjourned the matter, for judgment, to Friday, December 8th.