Proposed extradition of man over Robbie Lawlor murder inquiry would raise fair trial issues, court told

Jonathan Gill will challenge a bid by authorities in the North to extradite him on June 3 next

Jonathan Gill is wanted by the PSNI so he can be prosecuted, on a 'joint enterprise basis', for the murder of 36-year-old Lawlor, who was shot dead in the front garden of a house at Etna Drive, Belfast, on the morning of April 4, 2020. Picture: Colin Keegan/ Collins

The proposed extradition of Jonathan Gill, who is wanted in Northern Ireland in connection with the murder of gangland criminal Robbie Lawlor, could impact his right to a fair trial, his lawyers have told the High Court.

Gill on Friday failed in a second application to have a senior barrister represent him in his extradition challenge before the High Court next month.

The respondent, 44, with an address on the Malahide Road in Clontarf, on Dublin's northside, will challenge a bid by authorities in the North to extradite him on June 3 next.

Gill is wanted by the PSNI so he can be prosecuted, on a “joint enterprise basis”, for the murder of 36-year-old Lawlor, who was shot dead in the front garden of a house at Etna Drive, Belfast, on the morning of April 4, 2020.

He is also accused of the possession of a 9mm self-loading pistol with intent to endanger life on a date unknown between April 2 and 5 that year.

The courts have heard in other cases how gardaí are satisfied that Lawlor, a notorious criminal linked to several violent deaths, murdered Drogheda teenager Keane Mulready Woods in January 2020.

Drugs feud

The PSNI believes Lawlor's murder was part of an ongoing drugs feud, involving criminal elements in the Dublin, Sligo and Drogheda areas.

Gill appeared on Friday before High Court judge Mr Justice Sean Gillane to allow his legal team to make a second application for senior counsel in the case.

Counsel for Gill, Gemma McLoughlin-Burke BL, told the judge she wished to renew her application, having filed her points of objection to the extradition with the court.

Ms McLoughlin-Burke argued she should be granted second counsel due to a novel issue of law arising from the "unusual" Trade and Cooperation Agreement (TCA) between the United Kingdom and the EU, which also governs extradition requests between the two blocs.

Furthermore, counsel said data from EncroChat — an encrypted phone network — forms part of the case, in circumstances where the UK courts have ruled in previous cases such data does not amount to an "intercepted communication" and thus would be admissible in evidence.

However, she submitted the Court of Justice of the European Union has ruled data taken from EncroChat is an "intercepted communication".

The barrister argued a court in the EU would have to find the evidence in question inadmissible, whereas the evidence would be permitted in the UK, raising issues in relation to the respondent's right to a fair trial.

In reply, Leanora Frawley BL, for the minister for justice, said the minister's position had not changed and there did not appear to be the necessary complexity or novelty in the respondent's argument to justify granting a second counsel.

Ms McLoughlin-Burke submitted it was not simply her client who wanted senior counsel in his case; it was also her view the case merited it. She said potential complexity and novelty arose in the case.

Refusing the application, Mr Justice Gillane said it seemed to him the legal landscape was clear and he was satisfied Ms McLoughlin-Burke was more than capable to present the arguments to him.

The judge remanded Gill in custody until May 6, when the respondent is expected to apply for bail.

On April 3 last, Gill was arrested on foot of an extradition warrant issued to the PSNI by Belfast Magistrates’ Court on March 31.