A man facing extradition to the United States on international terrorism charges has been refused leave to seek judicial review at the High Court.
Mr Justice John Edwards said today he was not disposed to grant Ali Charaf Damache (48) leave for judicial review on any basis, adding he believed his judgment would deal comprehensively with each of the points raised.
Mr Damache, an Algerian- born Irish citizen who has been living in Ireland for a decade, is wanted in the US to face charges relating to the conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism.
'Jihad Jane'
The High Court heard the US alleges it has evidence Mr Damache conspired with American woman Colleen LaRose, who used the online name "Jihad Jane", and others to create a terror cell in Europe capable of targeting both US and western European citizens.
It is alleged Mr Damache – who went by the user name “the black flag” – also participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan whom the conspirators believed to be an al-Qaeda member.
Mr Damache had sought judicial review to challenge the DPP’s decision not to prosecute him in Ireland.
The extradition case has been adjourned until after judgment is returned in the judicial review application.
Mr Justice Edwards said he had prepared a substantial judgment of more than 100 pages. However, while the judgment was finished he was not prepared to release it today as there was some “minor tying up” he wanted to do.
The judge said he would put the matter back until Friday when the written judgment, with his reasons for the decision, would be handed down.
With regard to the part- heard extradition case, the judge said he would re-enter the matter on February 4th for the purposes of hearing submissions on how the matter might proceed. .
Mr Justice Edwards said it was not necessary for Mr Damache to attend on Friday but senior counsel for Mr Damache, Mícheál P O’Higgins, later said his client wished to come to court.
If convicted of the charges against him in the US, Mr Damache faces a potential sentence of 45 years in prison.