Mr John Gilligan took a step closer to being extradited to Ireland yesterday when a London magistrates' court rejected an abuse-of-process application, saying it did not have the jurisdiction to hear the argument.
Mr Gilligan appeared at Belmarsh Magistrates' Court seeking a delay in his extradition on the grounds that he had been detained in Britain in order that the Garda and British customs and excise officials could "facilitate" the murder charge.
Mr Gilligan is being sought in Ireland to answer a charge of murder of the journalist Veronica Guerin. His extradition is also being sought on charges of possession of cannabis with intent to supply; the possession of firearms with intent to endanger life; and possession of ammunition.
Opening his argument for the Government, Mr Nigel Peters QC told the court that 18 warrants for Mr Gilligan's extradition were issued in Dublin on August 29th and endorsed by Belmarsh Magistrates' Court on September 8th.
With those aspects of the case already settled, Mr Peters said, under the Backing of Warrants Republic of Ireland Act, 1965, a key piece of legislation in the extradition of Mr Gilligan, a magistrate "shall" then make an order for a defendant's return to Ireland with regard to certain exceptions.
The exceptions under the Act, Mr Peters pointed out, referred to political, military, tax and customs and excise offences. In a further sub-section of the Act, an exception was provided for if the offence was not indictable in Ireland or if it carried a sentence of six months.
Arguing that, in extradition cases, English law did not recognise Ireland as a foreign country, Mr Peters said amendments to the 1965 Act allowed extradition to be "dealt with swiftly" without the need for referral to a secretary of state if the exceptions to the Act applied.
Therefore, the magistrate, Mr Peter Wallis, was "obliged" to make an order to allow the extradition to go ahead since the warrant for murder alone was an indictable offence in Ireland and carried a sentence of more than six months.
Arguing that, in extradition cases, English law did not recognise Ireland as a foreign country, Mr Peters said amendments to the 1965 Act allowed extradition to be "dealt with swiftly" without the need for referral to a secretary of state if the exceptions to the Act applied."We say this jurisdiction does exist," he added.
Mr Gilligan had been held for over a year in custody in Britain on charges of drug-trafficking, Mr Lewis said.
But the reason he was held in custody, he continued, was so that "collusion between the Garda and customs and excise could facilitate gathering evidence in Ireland so that gardai were in a position to charge him with the current murder charges."
Giving his ruling, Mr Wallis said he addressed himself "as much as to the defendant and the counsel" when he ruled that the exceptions to the 1965 Act did not apply to the case. "This court has no jurisdiction to hear an argument on an abuse of process," he said.
Immediately, Mr Peters pointed out that the court was "duty-bound" to make an order for Mr Gilligan's extradition since the exceptions under the 1965 Act did not apply.
However, arguing that he did not believe the 1965 Act had been interpreted correctly, Mr Lewis pointed out that to order Mr Gilligan's extradition the court must be satisfied that murder, as described under Irish law, corresponded with the same offence in Britain.
"I don't need to know that, do I?" asked Mr Wallis.
"Yes, sir, you do," Mr Lewis replied.
On Mr Wallis's instructions the hearing was then adjourned to October 22nd when it is understood the prosecution will produce a transcript of Irish law relating to the offence of murder.
If, at a later date, the British authorities sign the extradition order handing Mr Gilligan over to the Garda, he will then have 15 days to appeal the decision.