A 79-year-old man who the FBI believe has been producing and selling child pornography for at least 30 years has lost a legal challenge to his pending extradition.
Daniel Mullan, a dual US-Irish citizen, is wanted to face trial in New York on charges related to the sexual exploitation and transportation of a minor as well as two counts of possessing child pornography.
Mullan, who is in custody in the Midlands Prison in Portlaoise, was indicted by a US grand jury in September 2017, while serving a sentence for sexual offences in Ireland.
The High Court ordered his extradition to the US in December and the Court of Appeal upheld that decision on Friday.
Mullan’s lawyers challenged his extradition on grounds that he suffered from a “multiplicity” of serious illnesses including sight loss, inability to walk, morbid obesity, atrial fibrillation, chronic cardiac failure, anxiety and cellulitis.
He was pushed in and out of court in a wheelchair and sat close to the judges in court as he is hard of hearing.
They also contended that extraditing a 79-year-old Irish citizen in poor health would be disproportionate and not in the public interest.
‘Scant’
Dismissing Mullan’s challenge, the President of the Court of Appeal Mr Justice George Birmingham said the evidence put forward regarding Mullan’s health was “scant”.
The fact of the matter was that Mr Mullan had spent a significant period of time in custody in Ireland and the Irish prison system had been able to cope, the judge said.
“There is no reason whatever to believe that the US federal prison system would not be able to cope as well,” he said, adding that reassurances were provided by an official from the US Federal Bureau of Prisons.
Mr Justice Birmingham said the High Court judge was entitled to conclude that it would not be contrary to the public interest to extradite him.
He said the fact Ireland was a signatory to an international agreement with the US meant there was always a degree of public interest in allowing individuals to be put on trial.
In Mullan’s case, he said the public interest was enhanced by the seriousness of the alleged offences, being sexual offences directed at a minor.
He said none of the factors present, either viewed individually or cumulatively, required a refusal to extradite.
In conclusion, Mr Justice Birmingham, who sat with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, said he was not prepared to uphold any of the grounds of appeal but would uphold the order to surrender.
Cahir O’Higgins, for Mullan, sought a stay on the order for surrender, pending an application for a Supreme Court appeal, which was granted for seven days.
Counsel for the Attorney General, Ronan Kennedy BL, was awarded costs against Mullan.