Irish businessman extradited to US
The High Court has today ordered that a 53 year old Irishman businessman be extradited to the United States where he is wanted for sexually assaulting a minor during the 1990's.
The man, who cannot be named, was wanted by State of New York in the US, where in 1998 a plea of guilty was made on his behalf to one count of sexual assault of a boy less than 11 year old, which is said to have occurred during the mid 1990's.
The man had contested the extradition on grounds including that it would amount to a breach of his constitutional rights.
The alleged victim in this case is the son of a woman that the man had been living with in the United States, however the man, who had been living and running a business in the South East, claims he is innocent of the charge against him.
In a judgment delivered at the High Court today Mr Justice Michael Peart said that after considering all the arguments he was satisfied that an order of extradition should be made.
The man has fifteen days to lodge an appeal to the Supreme Court against the order. The judge also made an order committing the man to prison to await the order of the Minister for Justice for his extradition.
The man contested his extradition on grounds including delay. His counsel Dr Michael Forde said his client left the US in 1998, but was only arrested in Ireland on foot of a warrant in 2006.
He further claimed that he felt coerced into admitting to one charge of sexual assault as part of a plea bargaining process.
Counsel said that while plea bargaining is commonplace in the US, it is unconstitutional under Irish law.
It was further submitted that the man who has a heart condition was afraid that he would likely to be subjected to "savage attacks" by other inmates, which counsel added might be induced by prison staff, because of the nature of the charge against him.
Counsel for the State, Anthony Collins SC, had argued that no evidence of coercion was produced by the man and there was no constitutional impediment to an extradition order being made.
In his judgment Mr Justice Peart rejected the claim that the man was coerced.
There was no question but the man "voluntarily, and while having the benefit of the advice from his own lawyer entered upon a plea bargaining procedure" in order to achieve a lesser sentence than the one he would have got if he was found guilty at his trial where he was to face several counts of sexual assault.
The Judge also said he was satisfied that prison conditions in New York would adequately provide proper medical treatment and care for the man.
The Judge further stated that he did not accept that any delay on the part of the US authorities was prejudicial, who it was claimed were aware of his presence in Ireland since early 1999. The Judge noted that the man left the US before his sentence hearing.
In an affidavit to the court the man said that during the mid 1990's he was living in New York with a woman, who had worked as his secretary, and her three children.
The man said that the children's father objected after he suggested they leave New York to establish a new business.
The man said that he was told by the children's father that he would not let his children leave New York and told him that he "would get me".
In October 1996 the man said that a complaint was made against him alleging that he had sexually abused the children.
He said that no complaint was made against him by the children's mother, who suggested to him that her ex husband got the children to make up the claims, and there was no medical evidence of abuse.
The man, who was arrested and detained, said he was advised by his lawyer to plead guilty. He said he refused to do this because he had done nothing wrong.
He said that his lawyer entered into a plea bargain with the judge and the prosecutor.
Despite feeling utterly intimidated he went along with it and pleaded guilty to one count of sexual assault, and offence that carried a sentence of between three and seven years.
