McMahon v Leahy
Jurisdiction | Ireland |
Judgment Date | 01 January 1985 |
Date | 01 January 1985 |
Docket Number | [1983 No. 186 Sp.] |
Court | Supreme Court |
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...
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...Ltd. (No. 3) [2000] 2 I.R. 514. Kavanagh v. Ireland (United Nations Human Rights Committee, 14th April, 2001). McMahon v. Leahy [1984] I.R. 525; [1985] I.L.R.M. 422. Purcell v. The Attorney General [1995] 3 I.R. 287; [1996] 2 I.L.R.M. 153. Robinson v. Secretary for State [2002] N.I. 390. Th......
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...to act on the applicant's behalf on 28 th March, 2002. Finally, Dr. Forde relied on the Supreme Court decision in McMahon v. Leahy [1984] I.R. 525, to contend that the trial should be prohibited under Article 40, s. 1 of the Constitution which requires that all citizens shall, as human per......
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...be incorrectly prepared and was found to be thereby invalidated. He has referred also to the judgment of McCarthy J. in McMahon v. Leahy [1984] I.R. 525 where the learned judge expressed trenchant criticism about the manner in which a warrant had been prepared by the authorities in Norther......
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The Commission to Inquire Into Child Abuse Act 2000: A Review In Light Of Murray v. Commission to Inquire into Child Abuse
...through which an accused witness is entitled to vindicate his own name. 7 42 Ibid., at 263, per 0 Dilaigh C.J. 43 See McMahon v. Leahy [1984] IR 525, in which Hlenchy J. held thatjust because statute allows for something does not make it Constitutional. The statute itself must be in accorda......