An Englishman wanted by the British authorities on charges alleging heroin smuggling and grievous bodily harm in 1995 and 1996 has lost a Supreme Court application for his release from custody here.
Ms Justice McGuinness, presiding, noted the "unfortunate" delays in the extradition of Mr Robert Lloyd Heywood, formerly of Brookside, Telford, Shropshire, now with an address at Barrack Street, Dundalk, who has been in custody here for long periods since 1999.
Mr Edward Comyn SC, for the DPP, had accepted there was a delay in the extradition process but contended this was not so excessive as to prejudice Mr Heywood's right to a fair trial.
In 1998, Telford Magistrates' Court issued warrants for his arrest. These alleged that between August 1st, 1996, and August 7th, 1996, he conspired with others to supply heroin. Two offences of causing grievous bodily harm were also alleged.
The warrants were endorsed by the Garda in January 1999. On May 5th, 1999, the District Court made an order for his extradition.
He appealed that order to the High Court but was rejected. He then appealed to the Supreme Court, but this was withdrawn on May 31st, 2001. After this date, the authorities had 30 days to extradite him, but that did not happen.
In July 2001, he brought an application under Article 40 of the Constitution, claiming his detention was unlawful. The High Court ruled it was unlawful, and he was freed. He was rearrested in February 2002 on foot of the District Court extradition order of May 1999. His lawyers brought another Article 40 application which was rejected by the High Court but was subsequently granted on appeal by the Supreme Court on February 15th, 2002. He was then released.
Mr Heywood was arrested on September 1st last after fresh extradition warrants were issued. He remains in custody in Cloverhill prison.
