An English man who came to Ireland after jumping bail on charges of attempted rape and indecent assault in England over a 17-year period has lost a High Court attempt to prevent his extradition.
Mr Justice O Caoimh yesterday rejected arguments by the man, now in his 60s, that his extradition should be refused on grounds of delay between the commission of the alleged offences and the formal making of complaints about those. He also rejected arguments of prosecutorial delay.
The man had further contended that, due to the state of his health, it would be unjust, oppressive and invidious to extradite him. The judge held that he had failed to establish that claim.
The man, now with an address in west Dublin, has been on bail since March 2001. He initiated High Court proceedings after July 2001, when a District Court order was made for his extradition to Britain.
Following yesterday's judgment, the man, on the application of Mr Hugh Mohan SC, will remain on bail pending the case returning before Mr Justice O Caoimh next week when the issue of bail will be addressed. The man has the option of appealing the High Court decision to the Supreme Court.
He had been charged in England with indecent assault against five girls and with the attempted rape of one of them.
One was just seven when she was allegedly indecently assaulted, and most ranged in age from nine to 12 at the time of the alleged offences. These are alleged to have occurred on dates from 1980 to 1997.
In his judgment yesterday on the man's High Court challenge, Mr Justice O Caoimh said that, in relation to the delay between the alleged offences and the making of the complaints, the alleged victims were all children at the time and there was considerable jurisprudence here about the difficulties children experienced in making allegations of abuse against persons considerably older than them.
In this case, the man would have been aged in his early 40s at the time of the first offence and 56 at the time of the last alleged offence. The girls would have been aged from seven to 15.
The judge said he did not accept that the delay in making complaints was such as to require an order preventing the man's extradition. He said he also accepted the English authorities' explanation for the prosecutorial delay and said he found no blameworthy delay on their part.
The judge said he considered the evidence on the man's health was not sufficient to conclude that it would be unjust, oppressive or invidious to extradite him.
