An Irishman who was sentenced to 22 years in Britain for the manslaughter of a man in 2016 has brought a High Court challenge over a refusal to allow him be transferred to serve the remainder of his sentence here.
Martin Saunders (aged 40), who lived in Huntington, Cambridgeshire, England, admitted the manslaughter of a man in Cambridge in June 2015.
The attack was part of a personal feud between him and the victim, Jeff Henry (aged 39), the Old Bailey was told in 2016. Along with a friend, they beat Mr Henry using golf clubs. He died five days later in hospital.
Saunders, who is originally from Mallow in Co. Cork, was given 17 years of an extended indeterminate sentence and another five years on extended sentence for public protection.
Last August, the Minister for Justice and Equality refused his request to be transferred from HMP Whitemoor, England.
The Minister said this was because the sentence imposed by the UK court was not compatible with Irish law. It was also stated that a Council of Europe Convention on the Transfer of Sentenced Persons, under which Saunders claims he has a right to be transferred, does not confer an obligation on any state to comply with a transfer request.
Moving his application to judicially review that decision today, his counsel Michael Lynn said the incompatibility ground cited by the Minister is not a sound reason.
There is provision in legislation here governing sentenced persons being transferred to allow the High Court to adapt a sentence from another jurisdiction if it is not compatible. While extended indeterminate sentencing was not a concept known to Irish law, it would be quite easy to adapt, counsel said.
In an affidavit, his solicitor Gavin Booth said his client’s parents are caring for his seven-year-old son in Mallow who he had brought from England in 2015 following the end of a relationship with the child’s mother.
In his action against the Minister, the Irish Prison Service and the State, he seeks orders and declarations including the quashing of the decision to refuse his transfer request and that his constitutional rights have been breached.
Mr Justice Charles Meenan, following a one-side only represented application, granted leave to bring proceedings and said the matter can return in January.