The High Court has reserved judgment on extradition proceedings brought against the Co Cork couple wanted by the US authorities for allegedly kidnapping their grandson and taking him to Ireland.
Timothy and Ethel Blake (both 60) from Lower Midleton Street, Cobh, Co Cork, are wanted by the state of Illinois for the alleged aggravated kidnapping of their then nine-year-old grandson two years ago.
Reserving his decision after a two-day extradition hearing yesterday, Mr Justice Michael Peart said he would treat the matter with the "urgency that it deserves from everyone's point of view", but could not give a precise date when judgment would be given. He adjourned the matter for mention to November 16th next.
The Blakes were arrested in September 2005 after it was alleged they had committed the offence of kidnapping, in that they enticed the boy to travel to Dublin with them from his home in Chicago, Illinois.
Opposing their extradition, Colman Fitzgerald SC, for the Blakes, said the court could not be satisfied the extradition of his clients had been duly requested by the USA or the offence for which they sought was an extraditable offence which corresponded to an offence in Irish law.
Were the court to extradite them, this would breach their constitutional rights, he argued. No formal "request" to extradite the Blakes was included in the documentation, as was required in the Extradition Act. What was included in the documents were papers which were merely "in support of a request", he said.
Aggravated kidnapping carries a mandatory minimum sentence of six years in Illinois, counsel also argued. Should the couple be found guilty, they would face a minimum of six years in an American jail, regardless of the mitigating circumstances or their age and health.
Mr Fitzgerald said the health of both Mr and Mrs Blake must be taken into account. Mr Blake had heart, diabetic and medical problems and there would be little prospect of him leaving prison if extradited. Mrs Blake could suffer a severe depressive reaction if extradited, and might not be able to properly instruct counsel during any trial in the US. "No member of the Blake family wants this to happen, including the Blakes' daughter," he said. Bail would probably be about $2 million (€1.6 million), he added. Such facts indicated "a lack of proportionality".
In her submissions, Mary Ellen Ring SC, for the State, said there were two offences which would allow the Blakes to be prosecuted in this jurisdiction, if required.
The Blakes didn't deny they travelled with two sets of passports - there was forethought in that regard and these were matters to which the court had to have regard.