The High Court has reserved judgment on a claim by a Co Louth man, who is being held in custody following an order for his extradition to Spain on a charge of the homicide of his wife there, that his detention is illegal.
The State rejects that claim.
Last week Michael Dermot McArdle (36), of Heynestown, Dundalk, lost a challenge to his extradition under the first order of its kind to be made here under the European Arrest Warrant Act, 2003, which came into effect in January 2004.
His extradition was sought on a charge of homicide of his wife, Kelly Anne, who died following a fall from a hotel balcony in Marbella on February 12th, 2000.
After hearing submissions yesterday on behalf of both Mr McArdle and the State in relation to the legality of the detention order, Mr Justice Michael Peart said he would give his decision on Tuesday next.
When the High Court gave its judgment on May 27th ordering Mr McArdle's extradition, it was stated that he had 15 days to appeal the decision to the Supreme Court and he was remanded in custody to Cloverhill prison.
Yesterday, counsel for Mr McArdle submitted that the detention order was made last week under Section 16.2 of the European Arrest Warrant Act, 2003, and that the High Court did not have jurisdiction to make the order it did under that section.
In an affidavit Conor Breen, solicitor, for Mr McArdle, said the respondents had conceded that the court did not have jurisdiction to make the order under Section 16.2. In the circumstances, he argued, the order was "bad" and the detention was unlawful. The reference to section 16.2 was not an error and had been made after very careful consideration.
It was also submitted that Mr McArdle was lawfully in custody after due process and a full hearing. There were no grounds for releasing him following due process.