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A 50-year-old man, who is wanted for trial in Northern Ireland in connection with a 1998 murder, has been granted leave by the High Court to bring a legal challenge to his detention.
Mr Justice Michael White on Wednesday heard that Francis Lanigan is in custody in Cloverhill Prison after the High Court last week ordered his extradition to Northern Ireland.
Michael Forde SC, who appeared with barrister Kieran Kelly, said the court had last week refused an application on behalf of his client seeking leave to appeal the decision to surrender him. The court heard that Mr Lanigan was arrested by gardaí in January 2013 on foot of a European Arrest Warrant (EAW) in connection with the murder of John Stephen Knocker, who was shot dead in a hotel car park in Dungannon, Co Tyrone on May 31st, 1998.
Mr Lanigan had been granted bail last December pending the outcome of his extradition case.
The judge told the court during an ex-parte application that Mr Lanigan, had in December last year initiated proceedings challenging the constitutionality of provisions in the EAW Act. He said the “purported” surrender of Mr Lanigan before his legal action was heard was unconstitutional and barred by the EAW Act.
Counsel said Mr Lanigan’s custody was unlawful and in breach of European law.
The court had heard during Mr Lanigan’s extradition hearing that gardaí had been aware he had been living under the assumed name of Kieran McCrory for a number of years before being arrested.
He had been working in a gym in Dublin for 15 years and he had been identified by gardaí covertly going to the gym and carrying out a DNA test on a coffee cup.
Mr Lanigan, with an address at Pinebrook, Mulhuddart, who had fought his extradition, had claimed his life would be at risk if he was surrendered to the Northern Irish authorities.
The judge granted Mr Lanigan leave to apply for an Article 40 inquiry into the lawfulness of his detention. The judge directed that the State be notified of the application.