A legal challenge brought by a law lecturer wanted in the UK for making indecent images of a child aimed at halting his extradition back to England has been adjourned.
Julian Myerscough (54) with an address Alexandra Road, Lowestoft in Suffolk, was due to be extradited later this week but is fighting against being returned to the UK.
Myerscough applied to the High Court in Dublin for an inquiry under Article 40.4 of the Constitution, into the legality of his continued detention in custody in Ireland pending his extradition to the UK.
His application is based on a refusal by the High Court judge who ordered his extradition in February to give Myerscough permission to appeal that decision to the Court of Appeal.
At the High Court on Tuesday, Myerscough, represented by Dr Michael Ford SC and Kieran Kelly Bl, claimed the denial of an opportunity to appeal is unconstitutional and contravenes EU law.
This, it is claimed, is because the judge who heard his case, rather an appellate court, has a veto over whether or not the judge’s decision may be appealed.
The application for an inquiry was opposed by the State, represented by Robert Barron SC and Siobhan Ni Chúlacháin, on grounds including that his application is misconceived. The application was before Mr Justice Robert Haughton who adjourned the case to allow both sides put in further legal submissions. The matter will return before the court in April when the new legal term commences.
Myerscough’s extradition will be put on hold until the hearing of the application has been determined.
Myerscough, who was not present in court during the hearing, arrived in Ireland shortly after he was found guilty by a jury at Ipswich Crown Court on September 2015 of 13 counts of making of indecent images of a child.
He was also found guilty of three counts of breaching a Sexual Offences Prevention Order imposed on him following a previous conviction for similar offences.
He had attended his trial but failed to return after lunch when the jury reached its verdict. He was convicted in his absence.
Myerscough was arrested at a Dublin hotel on foot of a European Arrest Warrant issued by the English authorities. He opposed the extradition
Last month Ms Justice Aileen Donnelly made an order clearing the way for his extradition.
Rejecting all his arguments she said there is no reason for her to make orders refusing to surrender him to the British authorities.
Myerscough had argued he should not be extradited because he had not received a fair trial in England. He claimed a key police witness, whose testimony was used to convict him, was not available for cross examination during trial.