Wanted man fights extradition to Spain

A CO Louth man began a legal challenge in the Supreme Court yesterday to an order for his extradition to Spain, where he is wanted for the alleged murder of his wife.

On May 27, the President of the High Court, Mr Justice Finnegan made an order for the extradition to Spain of Michael Dermot McArdle, aged 36, Brookfield, Heynestown, Dundalk. The order was the first of its kind to be made here under the European Arrest Warrant, 2003, which came into effect in 2004.

McArdle is wanted for the alleged murder of his wife Kelly Anne, who died following a fall from a hotel balcony in Marbella on February 12, 2000.

Yesterday, McArdle’s counsel Mr Roderick O’Hanlon SC made an unsuccessful application to have the proceedings adjourned because of a recent judgement by a Spanish court on October 10, which, he claimed, declared the European Arrest Warrant procedure “a nullity.”

Mr O’Hanlon said that the judgement of the Spanish court referred to an Irish citizen who was wanted for extradition from Spain to Germany.

But the Chief Justice Mr John Murray said the court was not satisfied that an issue of law relevant to the appeal existed and the court had decided that the appeal should not be adjourned.

Mr O’Hanlon said that McArdle had made a voluntary statement to the Spanish police but was not made aware that the statement was not admissible in Spain.

He was also not made aware by the Irish authorities that an adverse inference could be drawn by a Spanish court from his failure to answer questions put to him by the Spanish police.

The Supreme Court appeal will continue today.