McMahon v Leahy

JurisdictionIreland
Judgment Date01 January 1985
Date01 January 1985
Docket Number[1983 No. 186 Sp.]
CourtSupreme 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 from the courthouse, and proceedings were instituted under the Extradition Act, 1965, for orders directing them to be delivered into the custody of the Northern Ireland authorities. Each of those four escapers claimed and obtained in the High Court an order directing his release under s. 50 of the Act of 1965 on the ground that his escape from the courthouse in Northern Ireland was a political offence or an offence connected with a political offence. The defendants in those four High Court actions were represented by counsel who were instructed by the Chief State Solicitor; in two of those actions the claim of the escaper to exemption from extradition on the ground of the political nature of his escape was not opposed and, in the other two actions, that claim of the escaper, if opposed, was opposed unsuccessfully. On the 4 February, 1983, a warrant (which recited the plaintiff's escape from the courthouse on the 10 March, 1975) was issued in Northern Ireland for the arrest of the plaintiff and it was endorsed by the defendant for execution within the State. On the 31 March, 1983, the plaintiff was arrested in the State and on the same date the District Court made an order directing that he be delivered into the custody of the Northern Ireland authorities. The plaintiff issued a summons...

To continue reading

Request your trial
79 cases
  • Finucane v McMahon
    • Ireland
    • Supreme Court
    • 13 Marzo 1990
    ...PART II CONSTITUTION ART 29 R V BURNS 1988 BNIL 9/71 MAGEE, STATE V O'ROURKE 1971 IR 205 SHANNON V IRELAND 1984 IR 548 MCMAHON V LEAHY 1984 IR 525 MAGUIRE V KEANE 1986 ILRM 235 BURNS V AG UNREP HIGH 04.02.74 MCLOUGHLIN V AG UNREP HIGH 5.12.74 MCGARRY & CLARKE V AG UNREP 15.01.76 IRISH T......
  • O'Neill v Governor of Castlerea Prison
    • Ireland
    • Supreme Court
    • 1 Abril 2004
    ...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......
  • O'Callaghan v Dublin District Court
    • Ireland
    • High Court
    • 20 Mayo 2004
    ...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......
  • The Minister for Justice, Equality and Law Reform v Ciaran Tobin (No. 1)
    • Ireland
    • High Court
    • 12 Enero 2007
    ...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......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT