Because an Irish aviation broker is facing charges here in connection with the seizure of heroin valued at €10 million at a Belgian airfield, the High Court has refused an application by Belgium to extradite him.
John Kinsella (36), a former national super-heavyweight boxing champion, Cairn Wood, Johnstown, Navan, Co Meath, is wanted in Belgium on charges relating to the seizure of approximately 50kg of heroin at an airfield in Wevelgem, Belgium, on September 26th last.
The Belgian authorities allege that Mr Kinsella helped to recruit people who transported drugs from the airfield to Ireland. They further claim that he is involved in the organisation of smuggling heroin from Belgium to Ireland.
However, the Attorney General had sought to have Mr Kinsella tried here before any extradition to Belgium.
Mr Justice Michael Peart ruled yesterday that he could not accede to the Belgian authorities request to extradite Mr Kinsella due to laws which prohibit the extradition of persons facing similar charges in the State arising out of the same event.
Patrick McGrath, for the State, said the Belgian authorities could renew their application pending the outcome of the proceedings here against Mr Kinsella.
Mr Kinsella, a father of three, had previously told the court, through his lawyers, that he was willing to be extradited to Belgium. However, the Attorney General sought a stay on the extradition on the grounds of intended criminal proceedings against Mr Kinsella here arising out of the same incident.
The stay was sought until after the conclusion of his trial on those charges.
Stephen McCann argued that, given the law, the court had no option other than to discharge the Belgian request for his client's extradition.
Mr Justice Peart made that discharge order.