The Supreme Court has ordered the extradition to England of a paraplegic man who is wanted in connection with the murder of a man in Birmingham.
However, the court postponed the execution of the order to January 24th on the basis that Jason Brady would co-operate with the authorities and hand himself in on that date for the extradition to take place. The deferral is to allow Mr Brady to ensure certain facilities are in place for his transfer to a prison in England.
Mr Brady (25), Cushlawn Drive, Tallaght, Dublin, is wanted for the murder of Charles William Tandy in December 2001. It is alleged that, while trying to flee following the theft of a computer from a building in Birmingham, he drove over Mr Tandy in a stolen car. He is also wanted for unlawful killing and dangerous driving causing death.
Mr Brady, who uses a wheelchair as a result of injuries sustained in a crash in 2006, had fought his extradition claiming his needs would not be met if he was sent to a prison in Britain.
He wanted an assurance that he would get the type of treatment facilities necessary to stop him deteriorating but the British authorities had declined to provide that, his lawyers said.
The State argued Mr Brady's medical condition did not constitute the exceptional circumstances necessary to justify refusing the extradition and contended he would be treated humanely. The High Court ordered his extradition.
The case was appealed to the Supreme Court where yesterday the three-judge court, comprising the Chief Justice, Mr Justice John Murray, presiding, Ms Justice Susan Denham and Mr Justice Adrian Hardiman, ordered the extradition should go ahead.
The court rejected Mr Brady's argument that his constitutional rights had been breached due to the delay in seeking his extradition and also found there was no evidence to suggest he would not receive proper treatment. It noted the UK is a signatory of the European Convention on Human Rights.
Mr Justice Murray agreed to a request from Mr Brady's lawyers that the extradition not take place until January 24th by which time Mr Brady would have got a new wheelchair and would also be in a position to bring with him to England an air mattress and a specially adapted chair to improve his mobility.
He will remain free until then on bail terms put in place pending the outcome of the extradition hearings.