Mr John Gilligan was not the "trigger man" in the murder of journalist Veronica Guerin, his lawyer said yesterday, during the first day of an appeal against his extradition at the High Court in London. The assertion was made regarding the wording of an extradition warrant, which includes charges of possessing drugs for supply and possessing firearms with intent to endanger life, issued in Dublin for Ms Guerin's murder.
The warrant specifically charges Mr Gilligan with Ms Guerin's murder. But opening her argument for the defence yesterday, Ms Clare Montgomery QC told Lord Justice May and Mr Justice Astill that even the prosecution was not convinced Mr Gilligan had shot Ms Guerin.
Interrupted by Mr Nigel Peters, QC, appearing for the Irish Government, who sought to clarify the matter by saying Mr Gilligan might have been the "organiser" of Ms Guerin's murder, Ms Montgomery replied: "Organiser, whatever you care to call it . . . there is sparse information contained in this warrant.
"If this warrant had said John Gilligan shot dead Veronica Guerin intending to kill her", it would have been sufficient to extradite Mr Gilligan to Ireland, Ms Montgomery said. But she claimed that critical to granting the extradition was that a magistrate must be satisfied, under the Backing of Warrants (Republic of Ireland) Act, 1965, that Mr Gilligan would not be sent for trial in Ireland for a crime that did not correspond to the same offence in Britain.
Challenging the definition of murder contained in the warrant, Ms Montgomery said it did not correspond to the English offence of murder because it did not enable the court to consider if a person was liable for a lesser charge on grounds of provocation or diminished responsibility.
Legal aid was granted for Mr Gilligan's case, with regard to Ms Montgomery, on Wednesday. She argued that as a result it was "hopelessly and obviously inadequate" to insist she could have arranged for an Irish legal expert to challenge the prosecution's interpretation of Irish law before the appeal.
Drug trafficking charges against Mr Gilligan following his arrest at Heathrow Airport in October last year were being used as an "insurance policy" while extradition proceedings progressed, Ms Montgomery continued.
She argued that it was "wholly artificial" for Mr Peters to appear in court for British Customs and Excise to "put on ice" the drug trafficking charges for which Mr Gilligan was originally arrested and then represent the Irish Government in extradition proceedings.
The appeal continues today but a ruling is not expected before Christmas.