McGlinchey v Wren

JurisdictionIreland
CourtSupreme Court
JudgeO'HIGGINS C.J.
Judgment Date01 January 1983
Neutral Citation1982 WJSC-SC 3087
Docket Number(149-82),[S.C. No. 149 of 1982]
Date01 January 1983
McGLINCHEY v. WRENN
McGLINCHEY
v.
WREN

1982 WJSC-SC 3087

(149-82)

THE SUPREME COURT

1

JUDGMENT delivered the 7th day of December 1982by O'HIGGINS C.J.

2

On the 2nd February 1982 Dominic McGlinchey, the Plaintiff herein, was brought before District Justice Mahon, a Justice of the District Court, on a warrant for his arrest issued by a judicial authority in Northern Ireland, on a complaint that on the 28th March 1977 at Toomebridge in the County of Antrim, he had murdered Mrs. Hester McMullan. This warrant had been endorsed for execution pursuant to section 43 of the Extradition Act 1965(the Act) by the Defendant Laurence Wren, Deputy Commissioner of the Garda Siochana. The District Justice on that day made an Order pursuant to section 47 of the Act that the Plaintiff be delivered by Carrickarnon, Co. Louth, into the custody of a member of the Royal Ulster Constabulary, but as is required by the Act, heallowed the statutory period of fifteen days to enable the Plaintiff to make an application pursuant to the provisions of section 48 of theAct.

The case made in High Court
3

On the 9th February 1982 a Special Summons was issued in the High Court on behalf of the Plaintiff seeking his release pursuant to section 50 of the Act. In the affidavit grounding his claim the Plaintiff swore that the offence referred to in the warrant was a political offence or an offence connected with a political offence. He also asserted his belief that if removed from the State pursuant to the warrant he would be prosecuted or detained for a political offence or an offence connected with a political offence. He stated further that at the time of the murder in respect of which his delivery was sought he "was engaged in activities in Northern Ireland on behalf of the Provisional Irish Republican Army and that responsibility for the offence referred to in the said warrant was claimed by the said organisation". He exhibited an except from a copy of the "BallymenaGuardian" containing an account of the murder and setting out a press release, by the organisation referred to, claiming responsibility for the murder, a copy of a "wanted" poster which referred to him, a further article in the "Ballymena Guardian" referring to wanted men, in which he was named, and a charge sheet preferred against one Thomas Oliver Mawhinney in respect of the offence of withholding information in relation to his, the Plaintiff's, involvement in terrorist activities, including the murder of one David McQuillan. The Special Summons came on for hearing before Mr. Justice Gannon in the High Court on the 17th May 1982. He refused the order for release sought. Against this refusal this appeal has been brought by theplaintiff.

Procedure under the Act
4

The procedure which led to the plaintiff's arrest and to the lodging of the claim now under consideration in this appeal is provided for in Part III of the Act which Part (ss. 41 to 45) applies to Northern Ireland, England and Wales, Scotland, The Isle of Man and theChannel Islands. Section 50 (2) under which a direction for the release of a person ordered to be detained and delivered order under section 47 may be made by the Court, is in the following terms:

"(2) A direction under this section may be given by the High Court where the Court is of opinion that -"

(a) the offence to which the warrant relates is -

(i) a political offence or an offence connected with a political offence, or

(ii) an offence under military law which is an offence under ordinary criminal law, or

(iii) a revenue offence, or

...

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38 cases
  • Fusco v O'Dea
    • Ireland
    • High Court
    • 28 June 1995
  • Shannon v Fanning
    • Ireland
    • Supreme Court
    • 1 January 1985
    ...of this fact, that everything done by or on behalf of this organisation comes within the political exception. In McGlinchey v. Wren 1982 I.R. 154 at 160, in a judgment which had the unanimous support of my colleagues, I said: "The excusing per se of murder, and, of offences involving viole......
  • Ellis v O'Dea (No. 2)
    • Ireland
    • Supreme Court
    • 1 January 1991
    ...automatic firearm" from being treated as political offences) by reason of the statutory terminology but, in applying McGlinchey v. Wren[1982] I.R. 154, that the offences were so indiscriminate as not to be capable of being political offences or offences connected with a political offence. T......
  • Kane v McMahon
    • Ireland
    • Supreme Court
    • 6 April 1990
    ... 1990 ILRM 505 QUINN V WREN 1985 IR 322 EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 MCGLINCHEY V WREN 1982 IR 154 CONSTITUTION ART 40 EXTRADITION ACT 1965 S44 HOLMES, STATE V FURLONG 1967 IR 210 EXTRADITION ACT 1965 PART III CONSTITUTION ART 6 CONSTITUTION ......
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2 books & journal articles
  • Law, Struggle, and Political Transformation in Northern Ireland
    • United Kingdom
    • Journal of Law and Society Nbr. 27-4, December 2000
    • 1 December 2000
    ...See Farrell, op. cit., n. 63, and Campbell, op.cit., n. 62.69 See Campbell, id., at p. 595.70 See, for example, McGlinchey v. Wren [1982] I.R. 154, Quinn v. Wren [1985] I.R.323.71 The one notable prison related success in actions taken to Strasbourg, was an inter-state case taken by the Iri......
  • Extradition from Ireland to the United Kingdom
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 53-2, May 1989
    • 1 May 1989
    ...analysis of the Act's working by B. W. Warner at p. 486 etseq. of PaulWilkinson, Contemporary Research on Terrorism (Aberdeen, 1987).1'i [1982)I.R. 154;[1983JI.L.R.M. 169.80 Per O'HigginsC.l.,in McGlinchey v. Wren [1982) I.R. 154 at 160; [1983)I.L.R.M. 169at 172.81 Section 9, s.43.82 [1988)......

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