Child pornographer loses third detention appeal

A law lecturer who fled England just before he was due to be sentenced for creating indecent images of a child has failed in his third attempt to challenge his detention here, pending his extradition.

Child pornographer loses third detention appeal

Julian Myerscough, aged 54, formerly of Alexandra Rd, Lowestoft in Suffolk, was found guilty by a jury at Ipswich Crown Court on September 30, 2015, of 13 counts of making indecent images of a child.

He was also found guilty of three counts of breaching a Sexual Offences Prevention Order, which had been placed on him following a previous conviction for a similar offence.

Myerscough was on bail before sentencing and was discovered to have boarded a ferry to Dublin.

A judge in Ipswich issued a warrant for his arrest.

On October 2, 2015, gardaí arrested Myerscough in a Dublin hotel on foot of a European arrest warrant, which had been issued the previous day.

The High Court in Dublin ordered his surrender to the UK authorities on February 29 last year after he had opposed his extradition.

Myerscough then took two cases under Article 40 of the Constitution claiming his detention in Arbour Hill Prison was unlawful, both of which were rejected by the same High Court judge. He appealed one of those decisions and the Court of Appeal also rejected his challenge on November 25.

These cases had the effect of staying his surrender to Britain.

This month, a further Article 40 application came before Ms Justice Mary Faherty.

Representing himself, he argued that his detention was unlawful for, among other reasons, the arrest warrant under which he had been sought was merely an assertion rather than proof that he had been convicted in the UK.

Although a jury had found him guilty, Myerscough said there had been no judicial decision as to a conviction made by a UK trial judge.

Ms Justice Faherty said she was satisfied that Myerscough was in lawful detention.

She was satisfied the information put before the court in relation to the arrest warrant contained relevant evidence necessary to comply with the European Arrest Warrant Act 2003.

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