A Co Louth man whose extradition is being sought by Spanish police investigating the death of his wife five years ago in a Spanish resort has brought a High Court challenge aimed at preventing the extradition.
Michael Dermot McArdle (36), Brookfield, Heynestown, Dundalk, said in an affidavit that the Spanish authorities had purported to issue a European Arrest Warrant under 2003 legislation which requested the Irish authorities to surrender him to the Spanish authorities for the purpose of conducting a criminal investigation into his wife's death.
The purpose of his detention would be to investigate the allegation that he was guilty of the homicide of his wife, not for the purpose of standing trial. He would suffer irreparable prejudice if returned to answer the allegation and it would be impossible for him to get a fair trial.
He is opposing his extradition on grounds that the Spanish authorities were guilty of an abuse of the system and/or inordinate delay. He also alleges breaches of his rights under the Irish Constitution and the European Convention of Human Rights.
He further contends it would be unjust to extradite him as the purpose of his detention would be for investigation, which was not provided for under the European Arrest Warrant.
Five years ago a Spanish judicial authority decided that his wife, Kelly Anne, had died from injuries sustained in an accident at a Marbella hotel on February 12th, 2000.
That order was made following investigation. He had been interviewed by Spanish police and later his wife's body was released to him and he was permitted to leave Spain without restriction.
He heard nothing for a year until his extradition was sought in October 2001.
Counsel for the State said the earlier extradition proceedings were taken under 1965 Irish legislation. The application for the extradition was withdrawn as soon as possible, but there had been a continuing interest by the Spanish authorities.
At the time an Irish national could not be extradited to Spain. That situation did not change until a short time ago with the introduction of the European Arrest Warrant. This had led to the present application.
The delay in the case was not such as would warrant Mr McArdle not being returned to Spain and it would not affect his ability to defend himself.
The hearing continues today.