The Attorney General was yesterday given leave to challenge a District Court judge's decision to release a prisoner wanted in England on robbery charges on grounds related to the judge's view that the prisoner's legal costs would not be paid.
The High Court heard that William O'Keeffe was brought to the District Court on November 25th last, when Judge James McDonnell was told the prisoner's extradition was being sought by English police for alleged robbery offences. Judge McDonnell was told O'Keeffe had no means to pay for a lawyer.
The judge ordered O'Keeffe's release on the basis of his view that the Attorney General's scheme (under which costs are paid in certain cases) applied only to the Supreme Court and High Court.
In an affidavit, Ms Claire Loftus, a solicitor in the Chief State Solicitor's office, said she had appeared for the State in the District Court.
She told Judge McDonnell that recommendations under the Attorney General's scheme were regularly made by District Court judges in extradition cases and payments were regularly made on foot of those recommendations.
Judge McDonnell said either the Attorney General could indemnify O'Keeffe for his costs or the court would release him.
The President of the High Court, Mr Justice Morris, granted leave to challenge the judge's decision by way of judicial review.