Varga (orse Lazlo Varga) v O’Toole

JurisdictionIreland
JudgeMr. Justice Morris,
Judgment Date31 July 1998
Neutral Citation[1998] IEHC 226
Docket NumberRecord No. 873 SS/1998
CourtHigh Court
Date31 July 1998

[1998] IEHC 226

THE HIGH COURT

Record No. 873 SS/1998
Record No. 545Sp/1997
VARGA (LAZLO) v. O'TOOLE
IN THE MATTER OF ARTICLE 40.4.2 OF
BUNREACHT NA hEIREANN
AND IN THE MATTER OF LASZLO VARGA
OTHERWISE LAZLO VARGA
AND IN THE MATTER OF THE HIGH COURT
IN THE MATTER OF THE EXTRADITION ACT 1965– 1994

BETWEEN

LASZLO VARGA OTHERWISE LAZLO VARGA
PLAINTIFF

AND

PATRICK O'TOOLE
DEFENDANT

Citations:

CONSTITUTION ART 40.4.2

EXTRADITION ACTS 1965 – 1994

EXTRADITION ACT 1965 S50

MENTAL HEALTH ACT 1959 S72 (UK)

MENTAL HEALTH ACT 1959 S74 (UK)

MENTAL HEALTH ACT 1959 S65 (UK)

MENTAL HEALTH ACT 1983 SCHED 5 PARA 3 (UK)

MENTAL HEALTH ACT 1983 S47 (UK)

MENTAL HEALTH ACT 1983 S49 (UK)

MENTAL HEALTH ACT 1983 S18 (UK)

EXTRADITION ACT 1965 S50(2)(bbb)

NATIONAL HEALTH SERVICES ACT 1977 (UK)

ELLIS V O'DEA (NO 2) 1991 1 IR 251 1991 ILRM 346

Abstract:

Constitution — extradition — Warrant — Convicted of murder in England in 1968 — Imprisoned for life — Mental disorder — English Home Secretary ordered plaintiff's detention in hospital for treatment — Left English jurisdiction — Arrested on warrant in Dublin in 1997 — Extradition Act, 1965 to 1994, section 50 — Mental Health Act, 1959, sections 65, 72, 74 — Mental Health Act, 1983, sections 18, 47, 49 — National Health Services Act, 1977 — Bunreacht na hEireann, article 40(4)(2).

Providing that the warrant made it clear that the grounds for the plaintiff's detention in Broadmoor Hospital were identified and that it recited that the plaintiff "remained detained" in the Three Bridges Regional Secure Unit, then the validity of such detention was established. The sentence remained in force until the English Secretary of State may order that the plaintiff he released on licence. The fact that the plaintiff may be treated for schizophrenia in this Unit did not deprive it of its status as a Health Services Hospital within the meaning of the National Health Services Act, 1977 to which a prisoner serving a sentence may be sent. The High Court so held in saying it was unable to identify anything in the evidence which established oppression of the plaintiff such as would make it invidious to deliver him up under section 47 of the Mental Health Act, 1983.

1

Judgment of The Hon. Mr. Justice Morris,dated the 31st day of July, 1998.

2

This matter comes before the court firstly on an application pursuant to Article 40.4.2 of Bunreacht na hEireann seeking an inquiry into the custody ofLaszlo Varga (otherwise Lazlo Varga) (hereinafter for convenience called "the plaintiff") at present detained in the Central Mental Hospital, Dundrum Road and secondly on foot of proceedings brought by the plaintiff pursuant to the Extradition Act, 1965– 1994whereby the plaintiff claims an order for his release under section 50 of the Extradition Act, 1965as amended on the grounds set out in the summons.

3

These proceedings have been consolidated and are now heardtogether.

4

The following are the core facts which are not in dispute. On the 15th of May, 1968 the plaintiff was convicted of murder committed in England on the 10th of June, 1966 and sentenced to imprisonment for life. On the 19th of May, 1972 the English Home Secretary pursuant to section 72 of the English Mental Health Act of 1959 having been satisfied that the plaintiff was suffering from a mental disorder that required his detention in hospital for mental treatment, by warrant directed the plaintiff to be so detained. From time to time the plaintiff was detained in different hospitals and on the 20th of February, 1996 was in Three Bridges Regional Secure Unit, Uxbridge Road, Southall, Middlesex. On that date he left the English jurisdiction and came into the jurisdiction of this court.

5

On the 21st of January, 1997 the plaintiff was at 407, North Circular Road, Dublin and was on that date arrested by Sergeant Martin O'Neill, a member of An Garda Siochana on a warrant issued by a Justice inEnglandwhich warrant was endorsed for execution in the State by Assistant Commissioner Patrick O'Toole of An Garda Siochana. All the appropriate formalities were complied with in the procedure and no issue arises with regard to this aspect of the case.

6

The plaintiff appeared before the District Court on the 8th of December, 1997 when an application for rendition was heard. All the formal evidence was given and no procedural point arises in this case.

7

The warrant is in the following form:-

8

3. On the 19th day of May 1972, under Section 72 of the Mental Health Act 1959, the Secretary of State, being satisfied by the reports of 2 medical practitioners that the said ("plaintiff") was suffering from mental illness and that the mental disorder was of a nature or degree which warranted the detention of the said ("plaintiff") in a hospital for medical treatment, was of opinion, having regard to the public interest and all the circumstances, that it was expedient so to do, by warrant directed that the said ("plaintiff") be removed to and detained in Broadmoor Hospital. The said Secretary of State, under section 74 of the Mental Health Act 1959, further directed that the said ("plaintiff") be subject to the special restrictions set out in Section 65 of the Mental Health Act 1959.

9

4. When the Mental Health Act 1983 (hereafter refered to as "the 1983 Act") came into force, by virtue of paragraph 3 of Schedule 5 to the 1983Act, the said ("plaintiff") remained detained as if the directions refered to in paragraph 3 of this warrant had been made under the corresponding provisions of the 1983 Act, namely Sections 47 and 49respectively.

10

5. On the 20th day of February 1996 the said ("plaintiff") who remained detained and who was in The Three Bridges Regional Secure Unit, Uxbridge Road, Southall, Middlesex UB1 3EU, England, was allowed by the responsible...

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