Two Dublin men wanted in Northern Ireland over an alleged attempt to murder a PSNI officer fear their constitutional rights will be breached if they are extradited to face the charges, the High Court has heard.
Ciaran Maguire (29), of Kippure Park, Finglas South, and Seán Paul Farrell (32), of Stannaway Road, Kimmage, are wanted to face charges over the alleged attempted murder and possession of explosive substances with intent to endanger life.
According to a European Arrest Warrant, the officer’s wife woke early on June 18th and looked out her bedroom window and saw a man in the driveway on the ground at the driver’s door of her husband’s car.
The warrant says the man appeared to be working on something underneath the car which was subsequently confirmed to be an improvised explosive device (IED).
“That same night,” according to evidence heard in a previous hearing at the Court of Appeal, Mr Maguire and Mr Farrell were arrested in Co Donegal on suspicion of membership of an unlawful organisation.
Their clothing was seized and DNA and fingerprint were samples taken. The two were interviewed and all the evidence gathered, including transcripts and videos of the interviews, was sent to the PSNI.
Lawyers for the men told the High Court on Friday that they want access to all documents relating to their arrest and detention in Donegal before the extradition hearing later this year.
Unlawfully gathered
Kieran Kelly BL, for Mr Maguire, told Mr Justice Donald Binchy that he wants to know what provisions were used to arrest and detain his client. He said if any evidence was gathered unlawfully or unconstitutionally in this jurisdiction, it should not be used against him in a trial in Northern Ireland.
He added that it would be impossible to use the Irish Constitution to challenge evidence in Northern Ireland and therefore the proper place to challenge that evidence would be in this jurisdiction.
James McCullough BL, for Mr Farrell, said he was concerned that his client would have been told by gardaí that he has a right to silence. He said that right to silence is not guaranteed in Northern Ireland and any refusal to answer questions could be used to draw inferences against him.
He said he wants to know if his client was told that his right to silence would not apply if he is tried in Northern Ireland.
Tony McGillicuddy BL, for the Minister for Justice, said the ability for a Northern Irish court to draw inferences based on a person’s refusal to answer questions is a trial issue and has nothing to do with the evidence gathering process.
He further stated that neither man had raised any specific issues in relation to their arrest and detention and described their applications as “fishing expeditions”.
The two have previously brought an unsuccessful judicial review over the refusal by gardaí to give them the information they sought in the court on Friday.
Mr Justice Binchy said the applications deserved a written judgement and he would aim to have one written up by next Tuesday. He also granted each of the accused a senior counsel to argue their extradition case before the High Court in December.