Extradition deal under heavy attack

Press, 16 January 1985, Page 6

Extradition deal under heavy attack

NZPA-AAP Dublin The special deal between Australia and Ireland to permit Robert Trimbole’s extradition to Australia came under concerted attack in the High Court at Dublin yesterday. Trimbole’s lawyers homed in on the agreement, said to be the first of its kind in the Western world, as more delays hit his appeal against surrender to Australia to face murder, heroin, and passport charges. The case was adjourned for eight days as Trimbole’s protracted submissions began to be affected by other commitments by lawyers for both sides. Patrick MacEntee, an Irish senior counsel for Trimbole, said that his Constitutional right to equality before the law in Ireland had been infringed on by the special deal hammered out immediately after his arrest on October 25. “The agreement was a one-off thing, designed purely to affect my client and is never intended to be used again for any other person,” Mr MacEntee said. That had been confirmed by an Irish- Government lawyer’s affidavit, which said negotiations for a proper extradition treaty between the two countries were continuing despite the

Mr MacEntee also attacked the agreement on the ground that it had never been approved by the Dail (Irish Parliament), contrary to a Constitutional requirement that the legislature sanction all international agreements that resulted in public spending. "The fact that we are here today in this courtroom demonstrates that there is a charge on the Irish Exchequer,” he said. He also continued to hammer a theme begun last week that Trimbole’s original arrest under Irish antiterrorist law was an illegal device to hold him until machinery allowing lawful arrest for extradition was in place. Mr MacEntee said that there were ample precedents where courts had ruled void on the basis of unlawful arrest all evidence obtained and proceedings commenced subsequently. Earlier in .the hearing, Trimbole’s English Queen’s Counsel, Clive Nicholls, said that the agreement was invalid because Australia did not offer exactly reciprocal arrangements to Ireland. Australia required a prima facie hearing of the charges before handing over a fugitive, whereas Ireland did not, he said.