The legal team hired by alleged Kinahan cartel senior figure Sean McGovern has told the Special Criminal Court in Dublin it was very concerned about the legality of his arrest in Dubai, his extradition to Ireland and his arrival in Dublin last week.
Olan Callanan BL, for Mr McGovern, on Thursday told the court those reservations would be formally raised and set out to the Director of Public Prosecutions by the office of Michael Staines solicitors.
“What is to the fore, and of fundamental concern, is the legality, propriety and process which surrounded his arrival in Dublin last week,” Mr Callanan told the three-judge court.
After a brief hearing of the court in central Dublin, during which Mr McGovern appeared by video link from Portlaoise Prison, he was further remanded in custody pending his next court appearance on June 18th.
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Thursday’s hearing was taking place a week after Ms Govern (39), a father of two, was extradited from the United Arab Emirates (UAE).
He is charged in relation to the Kinahan-Hutch feud murder of Noel Kirwan (62), conspiracy to murder another man, directing a crime organisation and enhancing the capacity of a crime organisation.
The murder charge he faces carries a mandatory sentence of life imprisonment, while the offence of directing a criminal organisation carries a sentence of up to a life term.
At the accused’s first court hearing last Thursday, Mr Callahan said his client was reserving his position in relation to the “lawfulness of his arrest” and the jurisdiction of the Special Criminal Court.
Mr McGovern is the first Irish person to be extradited from the UAE and the first alleged Kinahan cartel member arrested there. He had been in detention in the UAE since his arrest at his Dubai home last October on foot of an extradition request from the Irish authorities.
The accused man arrived into Casement Aerodrome, Baldonnel, on an Air Corps Casa C295 plane last Thursday, May 29th, before being taken to the Courts of Criminal Justice for an evening sitting of the Special Criminal Court.
He appeared before Ms Justice Karen O’Connor, Judge Elma Sheahan and Judge Gráinne Malone and was remanded in custody to Portlaoise Prison to today’s date – Thursday, June 5th – when he appeared before the court again via video link from jail.
Mr McGovern is charged with five alleged offences including the December 22nd, 2016, murder of Christopher ‘Noel’ Kirwan on St Ronan’s Drive, Clondalkin. He is also charged with directing a criminal organisation between October 20th and December 22nd, 2016, and with enhancing the capacity of a criminal organisation between the same dates, all in relation to the Kirwan murder.
Separately, he is charged with directing a criminal organisation between October 17th, 2015, and April 6th, 2017, in relation to the surveillance of Dubliner James Gately in preparation for the commission of indictable offence.
He was further charged with facilitating a criminal organisation engaged in a conspiracy to murder Mr Gately between the same dates.
