State says it has handed over all documents on US extradition appeal

The State has told the Supreme Court it has handed over all documents available to it which are being sought by a US lawyer, …

The State has told the Supreme Court it has handed over all documents available to it which are being sought by a US lawyer, Ms Beth Ann Carpenter (34), who is appealing against an order for her extradition to the US on foot of a murder charge.

Noting that a District Court order for the extradition of Ms Carpenter was made 18 months ago, the Chief Justice, Mr Justice Hamilton, said the court was very concerned about the delay in finalising a matter which touched on the liberty of an individual.

He was assured by both sides steps would be taken to expedite the hearing of a High Court appeal against that extradition order.

At present detained in Mountjoy Prison, Ms Carpenter, a former public defender from Hartford, Connecticut, is wanted by the authorities in that state.

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She is accused of capital felony murder, murder, and conspiracy to murder her brother in law, Mr Anson "Buzz" Clinton, who was shot dead in Connecticut on March 10th, 1994.

During an extradition hearing in Dublin District Court on February 9th, 1998, Ms Carpenter's former colleague and lover, Haiman Clein, said in an affidavit opened to the court that he had hired a cocaine dealer, Mark Depres, to carry out the killing at the request of Ms Carpenter.

On February 18th, 1998, an application was made to the High Court, which ordered an inquiry into the legality of her detention in Mountjoy. Documents were sought by her lawyers, and last June the High Court ordered the State to produce a range of documents.

The State appealed that order and the matter came before the Supreme Court yesterday.

After exchanges between the parties and the court, Mr Peter Charleton SC, for the Attorney General, said the State believed it had handed over all documents.

These related to assurances given by the US authorities to the Irish authorities that the death penalty would not be implemented should Ms Carpenter be extradited and convicted. However, Mr Charleton said they would check again.

If there were any outstanding documents, these would be discovered, counsel said.

Ms Carpenter's lawyers had also sought discovery of all communications and notes of oral communications and assurances ex changed between the prosecuting and/or the judicial authorities in Connecticut and Clein, Depres and/or their legal representatives concerning both men's agreement to give evidence against Ms Carpenter in the proceedings pending against her in the US.

Mr Charleton said he did not believe the State had any documents regarding these matters but if there were any, these would also be handed over.

Counsel said the State would also hand over a video recording sent by the Connecticut authorities regarding conditions in Niantic State Penitentiary.

Ms Carpenter is arguing that it would be a violation of her bodily integrity if she were sent to that prison because of inhumane and degrading conditions there as a result of overcrowding and violence.

That claim is disputed by the State.

Ms Carpenter has also contended that legal procedures adopted in the US, including postponement of sentence on Clein and Depres pending their giving evidence against Ms Carpenter, breach her rights under Article 40 of the Irish Constitution.

Yesterday, Mr Charleton said this was not an appropriate matter for review by the Irish courts.

It was not for the courts of a state from whom extradition was sought to inquire into the procedures of the state requesting the extradition. After the discovery matters were dealt with, Mr Eamon Leahy SC, for Ms Carpenter, said he would prepare an outline of the main issues to be raised in Ms Carpenter's appeal and would give this to the State within a week.