McMahon v Leahy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1985
• Date: 01 January 1985
• Docket Number: [1983 No. 186 Sp.]
• Court: Supreme Court

(H.C., S.C.)

McMahon

and

Leahy

Equality before the law - Group escape from foreign custody -Escapers entering the State - Extradition of four escapers sought - Successful defences based on political nature of escape - Extraditions refused - Extradition of fifth escaper sought - Defence based on allegation of political nature of escape - The State inhibited from controverting claim of fifth escaper - Extradition Act 1965 (No. 17), ss. 44, 50 - Constitution of Ireland, 1937, Art.40.

The plaintiff was found guilty in Northern Ireland on counts of robbery and the unlawful possession of a firearm; he was sentenced to eight years imprisonment. While serving his sentence, the plaintiff made an unsuccessful attempt to escape from prison. On the 10 March, 1975, the plaintiff was brought in custody to a courthouse in Northern Ireland to answer a charge that he had attempted to escape from prison; he escaped from the courthouse with four other prisoners and, having crossed the border, he came to reside within the State. On the 4 April, 1975, the four co-escapers were arrested within the State on the strength of warrants issued in Northern Ireland which recited their escapes...