A law lecturer who took a ferry to Ireland after an Ipswich jury convicted him of possessing child porn, has lost his latest legal challenge.
Julian Myerscough (aged 54), formerly of Alexandra Road, Lowestoft in Suffolk, was found guilty by a jury of 13 counts of possessing indecent images of a child at Ipswich Crown Court on September 30, 2015.
He was also found guilty of three counts of breaching a Sexual Offences Prevention Order that had been placed on him following a previous conviction for a similar offence.
Although Mr Myerscough had been in Ipswich Crown Court the day he was found guilty, he did not return after lunch when the jury reached its verdict.
He was convicted in his absence and police applied for a warrant for his arrest.
Once the arrest warrant was issued police alerted the port and airport authorities and contacted gardai as they feared he would flee to Ireland.
That night, gardaí confirmed that Mr Myerscough was on board a ferry from Holyhead in Wales heading to Dublin.
He was arrested on October 2 at a hotel in Dublin on foot of a European Arrest Warrant.
High Court judge Ms Justice Aileen Donnelly ordered Mr Myerscough's surrender to UK authorities on February 29. On March 11, she refused leave to appeal.
On March 21, lawyers for Mr Myerscough made an application under Article 40 of the Constitution challenging his detention in Arbour Hill Prison.
The expectation was that those proceedings would be determined by March 22, but lawyers for Mr Myerscough sought “further time”, according to lawyers for the State.
The 25-day time period, following the order for surrender, was approaching and "arrangements had been put in place", State lawyers told the Court of Appeal.
As a result, lawyers for the Justice Minister, on March 23, successfully applied to Mr Justice Michael Twomey for a stay on the surrender order.
It was done “in an abundance of caution for Mr Myerscough's rights”.
The Article 40 High Court application was heard in April. Judgment was delivered in June. It found Mr Myerscough's case was not arguable and the propositions put forward on his behalf were "unsustainable".
In the Court of Appeal today, Mr Justice John Edwards said there was no failure to afford Mr Myerscough fair procedure.
Mr Justice Edwards said the stay was lawfully granted in order to comply with Irish statute law.
It operates to stop the clock and it was envisaged to lift the stay in a timely manner once the Article 40 proceedings had concluded.
Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, said the Court of Appeal dismissed Mr Myerscough's appeal on all grounds.