McKee v Culligan

JurisdictionIreland
JudgeMr. Justice Lynch
Judgment Date25 January 1991
Neutral Citation1991 WJSC-HC 1338
Docket NumberNo. 646Sp/1989
CourtHigh Court
Date25 January 1991

1991 WJSC-HC 1338

THE HIGH COURT

No. 646Sp/1989
NUMBER 104 JR/1990
No. 732 Sp/1989
No. 661Sp/1989
No. 63 JR/1990
SLOAN v. CULLIGAN
IN THE MATTER OF THE EXTRADITION ACTS 1965TO 1987

BETWEEN

ANTHONY SLOAN
PLAINTIFF

AND

PATRICK JOSEPH CULLIGAN
DEFENDANT

AND

BETWEEN

ANTHONY SLOAN
APPLICANT

AND

ASSISTANT COMMISSIONER CULLIGAN AND DISTRICT JUSTICEWINDLE
RESPONDENTS
SLOAN v. CULLIGAN

BETWEEN

MICHAEL ANTHONY McKEE
PLAINTIFF

AND

PATRICK JOSEPH CULLIGAN
DEFENDANT
SLOAN v. CULLIGAN
IN THE MATTER OF THE EXTRADITION ACTS 1965TO 1987

BETWEEN

PAUL MAGEE
PLAINTIFF

AND

PATRICK JOSEPH CULLIGAN
DEFENDANT

AND

BETWEEN

PAUL MAGEE
APPLICANT

AND

THOMAS ALPHONSUS FITZPATRICK AND PATRICK JOSEPHCULLIGAN
RESPONDENTS

AND

THE ATTORNEY GENERAL
NOTICE PARTY

Citations:

EXTRADITION ACT 1965 S47

CRIMINAL LAW (JURISDICTION) ACT 1976

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S13(1)

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3(1)

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3(2)(b)

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3(2)

EXTRADITION ACT 1965 PART 111

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S1(4)

CONSTITUTION ART 29.3

CONSTITUTION ART 40.3

CONSTITUTION ART 15.5

MCGLINCHEY V WREN 1982 IR 154

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM 1977

DUGGAN, STATE V TAPLEY 1952 IR 62

SHANNON V FANNING 1984 IR 569

FINUCANE V MCMAHON 1990 IR 165 & 200 1990 ILRM 505

QUINN V WREN 1985 IR 322

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S4

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3 (3)(a)(v)

EXTRADITION (EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM) ACT 1987 S3(3)(a)(iv)

EXTRADITION ACT 1965 S50

EXTRADITION (AMDT) ACT 1987

CONSTITUTION ART 15.6

CONSTITUTION ART 29

FIREARMS ACT (NI) 1969 S14

DPP V KILBURN 57 CAR 381

EXTRADITION ACT 1965 S52

COURTS OF JUSTICE ACT 1936 S51

CONSTITUTION ART 35

CONSTITUTION ART 35.2

CONSTITUTION ART 35.4

CONSTITUTION ART 35.5

COURTS OF JUSTICE ACT 1936 S51(1)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S48

COURTS OF JUSTICE (DISTRICT COURT) ACT 1946 S20

COURTS OF JUSTICE (DISTRICT COURT) ACT 1946 S2

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S48(3)(5)

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S48(8)

CONSTITUTION ART 38.2

CONSTITUTION ART 35.4

LAW ENFORCEMENT COMMISSION REPORT 1974 CH 6

MURPHY V AG 1982 IR 241

DOYLE V AN TAOISEACH 1986 ILRM 693

HAMILTON V HAMILTON & DUNNE 1982 IR 466

BLODGIT V HOLDEN 1927 275 US 142

US V DARUSMONT & ORS 1980 449 US 292

UNTERMYER V ANDERSON 1927 276 US 440

US V SECURITY INDUSTRIAL BANK 1982 459 US 70

RACKE V HAUPTZOLLAMT MAINZ 1979 ECR 69

LAMOUREUX RETROACTIVITY OF COMMUNITY ACTS IN THE CASE LAW OF THE COURT OF JUSTICE 1983 CMLREV 269

BUCHANAN (JAMES) & CO LTD V BABCO FORWARDING & SHIPPING (UK) LTD 1978 AC 141

UK V DOHERTY 1984 599 FEDERAL SUPP 270

ANALYSIS OF CONSTITUTION OF US S9

CLARKE V MCMAHON 1990 ILRM 648

HARTE V FANNING 1988 ILRM 70

ELLIS V O'DEA UNREP SUPPREME 14.11.90

RUSSELL V FANNING 1988 IR 505

CRIMINAL LAW (JURISDICTION) BILL 1975, IN RE 1977 IR 129

DPP, PEOPLE V CAMPBELL 2 FREWEN 151

LEAHY V MCMAHON 1984 IR 525

KELLY, IRISH CONSTITUTION 2ED

ECCLES V IRELAND 1985 IR 545

TORMEY V IRELAND 1985 IR 289

O'BYRNE V IRELAND 1985 IR 1

COURTS (ESTABLISHMENT & CONSTITUTION) ACT 1961

R V BENTON 1972 QB 457

CONSTITUTION ART 34

CONSTITUTION ART 36

Synopsis:

CONSTITUTION

Statute

Validity - Political offence - Category - Exclusions - Use of automatic firearm - False imprisonment - (1989/646 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Sloan v. Culligan|

CRIMINAL LAW

Extradition

Exception - Political offence - Category - Exclusions - Use of automatic firearm - False imprisonment - Constitution - Statute - Validity - Extradition Act, 1965, ss. 47, 50 - Criminal Law (Jurisdiction) Act, 1976 - Extradition (European Convention on the Suppression of Terrorism) Act, 1987, s. 3 - Constitution of Ireland, 1937, Articles 15, 29, 40 - (1989/646 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Sloan v. Culligan|

WORDS AND PHRASES

"Political of offence"

Extradition - Category - Exclusions - Statute - Validity - Use of automatic firearm - False imprisonment - (1989/646 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Sloan v. Culligan|

WORDS AND PHRASES

"Use of an ... automatic firearm"

Political offence - Category - Exclusions - Statute - Validity - Possession of automatic firearm - False imprisonment - (1989/646 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Sloan v Culligan|

CRIMINAL LAW

Extradition

Exception - Political offence - Category - Exclusions - Use of automatic firearm - Fatal shooting - Murder - Offence excluded - District Justice - Appointment - Temporary appointment - Validity - Constitution - Courts - Judges - Independence - Courts of Justice Act, 1936, s. 51 - Courts of Justice (District Court) Act, 1946, s. 20 - Courts (Supplemental Provisions) Act, 1961, s. 48 - Extradition Act, 1965, ss. 47, 50 - Extradition (European Convention on the Suppression of Terrorism) Act, 1987, s. 3 - Constitution of Ireland, 1937, Articles 35, 36 - (1989/661 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Magee v. Culligan|

DISTRICT COURT

District Justice

Appointment - Validity - Temporary post - Judiciary - Independence - (1989/661 Sp - Lynch J. - 25/1/91) [1992] 1 I.R. 223

|Magee v. Culligan|

WORDS AND PHRASES

"Political offence"

Extradition - Category - Exclusions - Use of automatic firearm - Fatal shooting - Murder - Offence excluded - (1989/661 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R 223 - [1991] ILRM 641

|Magee v. Culligan|

WORDS AND PHRASES

"Use of an ...automatic firearm"

Political offence - Category - Exclusions - Use endangering persons - Fatal shooting - Murder - Offence excluded from category - (1989/661 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223

|Magee v Culligan|

CONSTITUTION

Courts

Judge - Appointment - Validity - District Justice - Temporary appointment - Independence of appointee - (1989/661 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 - [1991] ILRM 641

|Magee v. Culligan|

CRIMINAL LAW

Extradition

Exception - Political offence - Category - Exclusions - Use of automatic firearm - Applicant released - Extradition (European Convention on the Suppression of Terrorism) Act, 1987, s. 3- (1989/732 Sp - Lynch J. - 25/1/91) - [1992] 1 I.R. 223 1991 ILRM 641

|McKee v. Culligan|

1

Judgement of Mr. Justice Lynchdelivered the 25th day of January 1991

2

In these three cases the Plaintiffs are Anthony Sloan Michael McKee and Paul Magee. Each Plaintiff seeks an Order pursuant to Section 50 of the Extradition Act 1965directing his release notwithstanding Orders of the District Court pursuant to Section 47 of the said Act directing his extradition or rendition to Northern Ireland. In addition Anthony Sloan and Paul Magee have brought proceedings by way of Judicial Review to quash the said Orders of the District Court relating to each of them respectively.

3

Each Plaintiff escaped from Crumlin Road Prison in Belfast on the 10th of June 1981. This was two days before their respective convictions on the 12th of June 1981 for various offences allegedly committed in Belfast in 1980. It is in respect of those convictions and the sentences of imprisonment imposed on foot of them that warrants were issued and the extradition of the three Plaintiffs was sought by the appropriate authorities in Northern Ireland and Orders were made by the District Court as aforesaid for the extradition of the three Plaintiffsrespectively.

4

Prior to the escape of the three Plaintiffs on the 10th of June 1981 as aforesaid all evidence and submissions in the case against them had been completed and Judgment had been reserved by the Northern Ireland Court. On the 12th of June 1981 the Northern Ireland Court convicted the three Plaintiffs of the following offences and imposed the following sentencesrespectively.

Anthony Sloan
5

(1) Possession on the 9th of April 1980 of an M60 machine gun and ammunition with intent to endanger life or cause serious injury to property or to enable any other person so to do in respect of which he was sentenced to 20 years' imprisonment.

6

(2) Possession on the same date of a 7.62 rifle and ammunition with like intent in respect of which he was sentenced to 18 years' concurrent imprisonment and

7

(3) Unlawful imprisonment of James Kennedy between the 9th of April and the 31st of August 1980 in respect of which he was sentenced to five years' consecutive imprisonment.

Michael McKee
8

(1) Possession on the 22nd of February 1980 of an M60 machine gun and ammunition with intent to endanger life or cause serious injury to property or to enable any other person so to do in respect of which he was sentenced to 20 years' imprisonment.

9

(2) Possession on the 9th of April 1980 of an M60 machine gun and ammunition with like intent in respect of which he was sentenced to 20 years' concurrent imprisonment.

10

(3) Possession on the 9th of April 1980 of a 7.62 rifle and ammunition with like intent in respect of which he was sentenced to 18 years' concurrent imprisonment.

Paul Magee
11

(1) Murder on the 2nd of May 1980 of Captain Herbert Richard Westmacott in respect of which he was sentenced to life imprisonment with a recommendationthat not less than 25 years should be served.

12

(2) Attempted murder on the 2nd of May 1980 of other members of the British Forces in repect of which he was sentenced to concurrent lifeimprisonment.

13

(3) Possession on the 2nd of May 1980 of firearms namely an M60 machine gun, a 7.62 Heckler and Koch Rifle, a 7.62 Fal Rifle, an Astra Model 600 Pistol and a quantity of ammunition with...

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