Court refuses extradition of couple to US

A CORK couple has scored a bitter-sweet victory after the High Court refused an application to have them extradited to the US to face charges of kidnapping one of their grandchildren.

However, the successful challenge by Tim and Ethel Blake, of Lower Midleton Street, Cobh, Co Cork, against their extradition is tainted by the fact that they face certain arrest if they ever return to the US to see their 12-year-old grandson.

Although the ruling could be appealed by the US authorities, it is thought such a move is unlikely.

The Blakes, who are both aged 60, are wanted by the US federal authorities for the alleged kidnapping of their grandson, Dylan, in 2004. The case arose after the couple became embroiled in a tug-of-love battle with their daughter, Serena Benwell, over custody of the child in 1999.

The Blakes had cared for Dylan for the first four years of his life at home in Cobh, during which time his mother moved to the US where she married a naval officer. However, she refused to allow them to return to Ireland with Dylan when they travelled to the US to visit her in 1999.

Although the Blakes were subsequently granted custody of their grandson by the Irish courts, Dylan continued to live with his mother and four other siblings in the US.

Concerned about the conditions in which their daughter and grandchildren were living, the Blakes returned to the US in 2004. Using false passports and a bogus claim about Tim’s health to gain access to Dylan, they immediately flew back to Ireland with their grandson.

The US authorities subsequently sought the couple’s extradition on charges of “aggravated kidnapping” for which they could face a maximum jail sentence of 30 years.

However, Mr Justice Michael Peart yesterday refused the application to extradite the Blakes on the basis that the alleged offence carried a mandatory minimum jail sentence of six years. He explained that such a term of imprisonment was disproportionate and potentially unconstitutional because it failed to take into account the “unusual and exceptional” circumstances of the case.

However, he rejected all other four legal grounds put forward by the couple for refusing their extradition but did award the Blakes their costs.

During a hearing this month, the court heard the couple’s daughter no longer wanted the US authorities to press charges against them She had also refused to testify against her parents.

It is understood the Blakes are now in regular phone contact with Dylan, who has been living with his mother at her home in Winthrop Harbour near Chicago since November 2004.

The Blakes’ solicitor, Don Ryan said the Blakes were “very relieved” that the matter was now over and wished to thank everyone who had supported them.

“It has been a difficult time and they are looking forward to going back to Cobh, meeting their family and getting on with their lives,” said Mr Ryan.

Yesterday’s judgment is also likely to add to growing tension between the Irish and US authorities as the new US ambassador, Thomas Foley, recently expressed concern about the low rate of successful extradition applications.