Garda informer can use sensitive material in extradition fight

By Ann O'Loughlin

A Garda informer can use sensitive material obtained in proceedings pending before the High Court in his legal battle to prevent his extradition from the UK to France.

The man says he was a Covert Human Intelligence Source (CHIS) for gardaí when he was arrested in France 17 years ago on drug trafficking offences.

He has subsequently received a four-year prison sentence in France, which was never served.

Arising out of the failure to serve the prison term he was detained in England on foot of a European Arrest Warrant (EAW) issued by the French Authorities.

He opposes that request for his surrender and his case is due to be heard by an English court later this year.

In an application to the Irish High Court, he sought to use documents he obtained from the Gardaí and the State in his pending action against the Irish State over its alleged failure to protect him after he was arrested in France.

The documents, which he claims will help in his bid to defeat the extradition request, were obtained from parties including the Garda Commissioner in 2016 following a ruling from Ms Justice Marie Baker

Following his arrest in the UK, the man applied to the Judge for a modification of an undertaking given by him in relation to documents discovered by the Commissioner and the State permitting his lawyers to send what they consider necessary to the English court hearing his extradition case.

The State opposed the application on grounds including there would be an absence of control over the use of the documents, and the application was premature.

In her judgement, Ms Justice Marie Baker said she was satisfied the special circumstances do exist to justify the modification in the manner proposed and the interest of justice required that the undertaking is modified.

Addressing arguments made on behalf of the respondents, the judge said that she was not satisfied that the man's application was either unnecessary or premature.

The judge added she was satisfied the English court would afford sufficient protection for the confidential and sensitive nature of the documents to meet the concerns of the defendants.

The judge said out of mutual respect for another jurisdiction she did not think it appropriate that she should make directions or recommendation to the English court regarding how it should deal with the documents.

In his claim against the Garda Commissioner, Ireland and the Attorney General which has yet to be heard by the Irish Court the man seeks damages for alleged negligence breach of duty, breach of contract and misrepresentations.

He claims in the late 1990s he entered into an agreement with the Gardai to act as an informant on suspected drug traffickers.

He claims it was part of that agreement that the Gardai would take all steps to safeguard his safety, keep his identity confidential and protect him from criminal prosecution in Ireland or abroad.

Following his arrest in France, he claims the Gardai failed to intervene with the French authorities to ensure his safety from prosecution

The State opposes that claim. While it accepts paying him for information it rejects claims it agreed to protect from prosecution if he was arrested in another jurisdiction.