Convicted murderers lose appeals against extradition to UK

Two convicted murderers have lost their appeals against a High Court judgment ordering their extradition to the UK to complete life sentences they began serving in British prisons 30 to 40 years ago.

However, in a dissenting judgment, Mr Justice Gerard Hogan held that the British sentencing regime for life sentences compromised "fundamental constitutional values" by providing for a form of preventative detention and he allowed the men's appeal.

A stay was put on their surrender pending a possible appeal to the Supreme Court.

Anthony Craig (66), with an address in Rathcoole, Dublin, served 28 years in prison before escaping to Ireland, while Michael Anthony Balmer (62), with a last address in Cornwall, England, served 27 years in prison before coming to Ireland following his release on licence.

The surrender of both men was ordered by the High Court last year. However, they appealed their extradition on the grounds that they will be subjected to immediate preventative detention on their return.

In English law, once a person serves the punitive part of their sentence they must remain in prison if they pose a risk to the public, counsel for Balmer, Patrick McGrath SC, had submitted to the Court of Appeal.

Both men had served the punitive part of their sentences and their continued detention had been subject to the risk they posed to the public.

That amounted to preventative detention, Mr McGrath said, which went against a fundamental principle of Irish law and was a breach of Article 40.4.2 of the Irish Constitution.

Delivering judgment on Thursday, Mr Justice Michael Peart said there was no error in principle in the decision to order the men's surrender and their surrender to serve the balance of their sentences did not contravene the Constitution. Mr Justice Alan Mahon said he agreed with the judgment read by Mr Justice Peart.

However, in a dissenting judgment, Mr Justice Gerard Hogan, said he would allow the appeal.

He said the “nexus between any act of surrender and the preventative detention which would immediately ensue has not been broken”.

The act of surrendering Balmer and Craig would “immediately deliver” them into a form of preventative detention which, as the authorities make clear, he said, was on their face a form of “unconstitutional detention”.

Citing authorities, Mr Justice Hogan said he found himself “coerced to the conclusion” that the surrender of Balmer and Craig – given that they have already long served the punitive element of their sentences – would be contrary to section 37(1)(b) of the European Arrest Warrant Act (EAW).

“I cannot say that I reach this conclusion with enormous enthusiasm,” he said because it was not the intention of the drafters of the EAW framework decision that sentencing practices in member states should change to accommodate the “fundamental values” of the surrendering state.

“Nor can I overlook the fact that the respondent is a UK domiciliary who committed the crime of murder in the UK and who, in effect, has taken refuge in this state.”

Mr Justice Hogan said he dissented “only because I consider that the form, structure, and substance of the British sentencing regime for life-sentenced persons would compromise fundamental constitutional values by providing for a form of preventative detention”.

He added that the very act of surrender for that purpose would amount to an unconstitutionality. In these circumstances, he said, it would be contrary to section 37(1)(b) of the European Arrest Warrant Act.

Following a brief legal discussion, Mr Justice Peart said the Court of Appeal was a constitutional court and as such a stay was put on the order to surrender until June 10th next.

In the event of Balmer and Craig applying to the Supreme Court for leave to appeal the court’s decision, the stay will endure until the determination of that order, he said.

In the event of a negative determination or a refusal of that application, Mr Craig will present himself to a Garda station within 48 hours of such refusal, Mr Justice Peart said.

Craig, with an address in Rathcoole, south Dublin, was convicted and jailed for life for the murder of a man in a park in Blackburn on November 3rd, 1973.

Having served 28 years in prison, he escaped in 2002, came to Ireland and was arrested by gardaí­ on February 14th, 2013.

Balmer (62) was also sentenced to life imprisonment in 1984 for attacking and killing a woman in her home on the evening of July 28th, 1983, in Devon, England.

He came to Ireland in 2012 following his conditional release from prison on licence, subject to the risk he posed to the public. In March 2012 this licence was revoked by which time he was residing in Cork where he was subsequently arrested by gardaí­.

Tariffs, which were introduced in 1983, allowed home office ministers in the UK to set minimum terms of imprisonment and specify the period to be served before someone can be considered for parole, Mr McGrath said.

However, the policy has since changed and since 2003, all newly convicted persons have had minimum tariffs set in court by judges.

The secretary of state revoked Balmer’s license on March 19th, 2012. The reasons given were pro forma – he is alleged to have committed an offence and was of poor behaviour.

Mr McGrath said Balmer hadn’t been provided with detailed information regarding the reasons for the revocation of his licence. “He doesn’t know what they’re talking about,” he said.

The court heard that the warrant seeking Craig’s surrender specified two offences – murder for which he was convicted and escaping from prison – and that no appeal was sought in respect of the offence of escaping from prison.