The Supreme Court has ordered the release of a man who was facing extradition to the UK where he is wanted for allegedly advertising Irish passports for sale in the names of children who had died in infancy.
The extradition of Michael Fallon was ordered by the High Court in October 2005 but he appealed that order. He has been in custody in Cloverhill Prison ever since.
His lawyers argued he was in unlawful detention because a stay should have been placed on the extradition order pending the outcome of the Supreme Court appeal - which has not yet been heard - but no stay was placed.
The UK authorities had sought the extradition of Mr Fallon (50), otherwise Micheál Ó Falluin, with an address at Carysfort Hall, Blackrock, Co Dublin, to face a charge of conspiracy to defraud the UK passport agency by the provision of false passport applications in the late 1990s.
In the Supreme Court yesterday, the Chief Justice, Mr Justice John Murray, directed the release of Mr Fallon after the three-judge court upheld arguments by Mr Fallon's lawyers that his detention was unlawful.
Mr Justice Murray said the court would give reasons for its decision later.
Under the European Arrest Warrant Act 2003, a person must be extradited within 25 days of a court order for extradition being made, but is also entitled to appeal.
During the High Court proceedings, the court was told that British police believed Mr Fallon and alleged co-conspirators had advertised passports for sale in the International Herald Tribune. The police claimed that once a customer made contact, they were offered a choice of suitable names and dates of birth from a list.
It was alleged the customer then provided a passport photograph and signed a blank passport application form which were attached to a duplicate birth certificate of a child who had died in infancy and who never had a passport.
The alleged scam, according to police, had been exposed by the Tonight with Trevor McDonald TV programme after a journalist followed up on an advertisement in the International Herald Tribune offering EU passports for sale for $18,500.