By Ann O'Loughlin
Fugitive struck-off solicitor Michael Lynn is due to be extradited from Brazil next week, the High Court heard today.
His counsel Michael O’Higgins SC told Mr Justice Michael McGrath that he (Michael Lynn) expects to be extradited back to Ireland on February 28 next.
Counsel said his side had got word late on Tuesday night the extradition is set to take place next week.
Michael Lynn (pictured) has taken a legal challenge seeking a declaration that his time in a Brazilian prison will be taken into account should he be convicted in Ireland.
The court heard Mr Lynn, who fled the Republic in 2007, allegedly leaving an estimated €80m in debts, is “is due to be extradited on February 28 next from Brazil.
He is being held at Cotel remand prison, in Recife in northwest Brazil. He faces over 20 charges relating to alleged theft and has been imprisoned since 2013, when Brazilian federal police, acting on behalf of Interpol, arrested him.
He has now brought a judicial review challenge relating to the DPP's offer to Brazil of a guarantee that Mr Lynn’s time served in that country would be offset against any prison term he might get here if convicted. Mr O Higgins today submitted the Irish authorities don’t have it within their legal remit to do that and Mr Lynn now needs a declaration from the High Court.
Sean Gillane SC for the DPP submitted the legal challenge should be dismissed and said the Irish High Court was being “lassoed” into the Brazilian proceedings.
Mr Justice McGrath reserved judgement in the case and indicated he hopes to give his decision soon given that the extradition is scheduled for Thursday, February 28. The judge said he hoped to have his decision by this Friday.