Mr Justice Charles Meenan has ordered an inquiry into the continued detention of a law lecturer who fled England just before he was due, following conviction, to be sentenced for making indecent images of a child.
The inquiry was been sought on behalf of Julian Myerscough (54), formerly of Alexandra Road, Lowestoft in Suffolk, whose surrender to the UK on foot of a European Arrest Warrant was ordered in 2016.
Myerscough was found guilty by a jury at Ipswich Crown Court on September 30th, 2015, of 13 counts of making indecent images and three counts of breaching a Sexual Offences Prevention Order which had been placed on him following a previous conviction for a similar offence.
Before he could be sentenced it was discovered he had boarded a ferry to Dublin and the judge in Ipswich issued a warrant for his arrest.
On October 2nd, 2015, gardaí arrested him in Dublin on foot of a European Arrest Warrant.
The High Court in Dublin ordered his surrender to the UK authorities on February 29th, 2016, after he had opposed his extradition and he has been detained at Arbour Hill Prison pending his extradition to the UK.
The inquiry, brought under article 40 of the Irish Constitution, is sought on the grounds that, under law governing European Arrest Warrants, Myerscough says he should have been extradited within 25 days of the order for his surrender being made.
After his extradition was ordered Myerscough brought several inquiries challenging the legality of his detention on foot of the extradition order. These proceedings, none of which was successful, resulted on a stay having been placed on the 25-day time period.
Stay period
Myerscough, represented in his latest action by barrister Kieran Kelly, now claims that since the Supreme Court issued a determination last month, refusing to hear his appeal, the stay on the 25-day period ended.
In his latest action he claims he has been in custody in excess of the 25 days allowed under the law and alleges that his continued detention is unlawful.
Mr Kelly said that when the stay is taken into account his client has been in custody for more than 25 days and he has not been surrendered or taken before the High Court as required under the relevant regulations. Judge Meenan, following a request by barrister Ann Marie Lawlor, counsel for the governor of Arbour Hill Prison, adjourned the case to a sitting of the High Court next week. Ms Lawlor said the application was an "egregious abuse of process" and would be opposed by her client. She said proceedings relating to Myerscough's extradition had "a tortured legal history". He had brought several challenges to his detention before the High Court and the Court of Appeal, all of which had been unsuccessful.