High Court gives leave for order to be challenged

The High Court has allowed a challenge to an order of a District Court judge.

The High Court has allowed a challenge to an order of a District Court judge.

The order of Judge James Paul McDonnell cited the Attorney General for alleged contempt of court in extradition proceedings between the AG and a Mr James Byrne.

Permission for a judicial review was granted yesterday by the President of the High Court, Mr Justice Morris, on the Attorney General's application. The High Court also granted a stay on the contempt proceedings, pending the judicial review outcome.

The case is to be returned to the High Court on December 14th.

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The application to the High Court followed a decision by Judge McDonnell earlier yesterday to cite the Attorney General for contempt.

It was submitted that the judge read a letter in the District Court from an official of the AG's Office to the President of the District Court, Judge Peter Smithwick, and indicated that since this related to a sub judice matter there were grounds for citing the AG for contempt.

The decision followed extradition proceedings between the AG and Mr James Byrne. Warrants for his arrest to face a murder charge in England are before the District Court.

When the case was before the District Court last week an application was made on Mr Byrne's behalf to have the Attorney General's Scheme for the payment of legal costs and fees applied in his case.

There was discussion as to whether the Attorney General's Scheme applied in the District Court and the case was put back to yesterday.