Convicted killer seeks to serve his sentence in the Republic

Declan 'Whacker' Duffy is serving a life sentence in Maghaberry Prison for the murder of a British army sergeant in England

Declan 'Whacker' Duffy. File Picture

Convicted killer Declan ‘Whacker’ Duffy has brought a High Court challenge against the Minister for Justice’s refusal to allow him to be repatriated to the Republic of Ireland where he can serve out the remainder of his prison sentence.

Duffy, 47, is currently serving a life sentence in Maghaberry Prison in Lisburn in the North  for the murder of British army sergeant Michael Newman outside a recruitment office in Derby, England, in 1992 while a member of the Irish National Liberation Army (INLA). He was extradited from the Republic to the UK in 2020.

Represented by Michael Lynn, Mark Lynam, and solicitor Ciaran Mulholland, Duffy has brought a High Court judicial review challenge against the Minister’s decision declining Duffy’s request for repatriation to the State under the 1995 Transfer of Prisons Act.

In his action, he wants the High Court to make an order quashing that decision.

In the alternative, he seeks an order compelling the minister to provide adequate reasons for the refusal to allow him transfer to a prison south of the border.

The application for permission to bring his challenge was briefly mentioned before the High Court yesterday.  Mr Justice Mark Heslin granted Duffy’s lawyers permission to formally file the proposed action against the minister.

Permission was required from the judge because Duffy’s lawyers have encountered difficulties in getting access to client for the purpose of swearing an affidavit to ground his judicial review application.

Duffy had been released on license by a Northern Irish parole board in March 2013. He was arrested by gardaí in December 2015 and jailed by the Special Criminal Court for six years for falsely imprisoning Martin Byrne in Rathcoole/Saggart, Co Dublin, on June 9, 2015.

Following that conviction, on June 6, 2016, the under secretary of state for Northern Ireland revoked Mr Duffy’s license and recalled him to prison.

A European arrest warrant (EAW) was issued for his arrest. Duffy’s extradition was placed been on hold while he served his sentence for false imprisonment.

The Irish High Court made an order for his extradition to the UK in 2020 after refusing his bid to remain and serve out his sentence in this jurisdiction on humanitarian grounds.