A man, whose extradition is sought by the US, has won an appeal for a judicial review of the DPP’s decision not to prosecute him in Ireland.
The US is seeking the extradition Ali Charaf Damache (50), an Algerian-born Irish citizen, on terrorism charges. He was appealing against the High Court's refusal of permission for a judicial review of the decision not to prosecute him here.
The five judge Supreme Court unanimously ruled Mr Damache is entitled to judicial review of two issues: whether the DPP's March 2011 refusal to prosecute him here is reviewable in the circumstances of his case; and was the DPP entitled, in the circumstances of his case, to refuse to give reasons for her refusal.
Chief Justice Ms Justice Susan Denham stressed the court wanted all matters concerning Mr Damache, including the judicial review, extradition and constitutional issues, to proceed to hearing in the High Court as soon as possible.
The court also asked for, and obtained, the consent of the State that issues related to arguments raised by Mr Damache under the Constitution and European Convention on Human Rights should be addressed in tandem with the judicial review.
The effect of the court’s rulings is that, should Mr Damache lose his judicial review, the application for his extradition will be heard immediately afterwards.
Mr Damache, previously with an address in Waterford, is wanted by the US authorities in connection with an alleged conspiracy to provide support to terrorists.
If convicted in the US, he could face up to 45 years in jail, a term his lawyers previously said would be “a lot more” than could be imposed here.
After the DPP decided in March 2011 not to prosecute him in Ireland, the US sought his extradition in 2012. He has been in custody since, pending the outcome of the extraction matter.
His appeal against the High Court’s refusal of leave to bring a challenge, in judicial review proceedings, to the DPP’s decision not to prosecute him in Ireland was listed for hearing in the Supreme Court today.
After a brief adjournment, the Chief Justice said the court would grant leave for judicial review on the two issues identified by the court and would also grant Mr Damache’s appeal against a refusal of legal aid.
The court stressed extradition matters are intended to be heard as soon as possible and said the matter should be mentioned promptly to the President of the High Court to facilitate that speedy hearing.
The court also indicated, given the various developments, the case should proceed before a judge other than Mr Justice John Edwards as that judge had refused leave for judicial review.
Mr Damache, who has been living in Ireland for more than 10 years, is wanted on charges alleging conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism.
The US alleges Mr Damache conspired with American woman Colleen LaRose, who used the online name Jihad Jane, and others to create a terror cell in Europe.
LaRose was sentenced last January to 10 years in prison after being convicted of planning to murder Swedish cartoonist Lars Vilks, who had depicted the head of the Muslim prophet Mohammad on a dog.
