:quality(70)/cloudfront-eu-central-1.images.arcpublishing.com/irishtimes/OOJ27O2725NTG3IZLMPWJF37MI.jpg)
An Irish man wanted in the United States on charges including the alleged sexual exploitation of a child claims consideration should be given to him being prosecuted here for the alleged offences.
Daniel Mullan (79), who is on remand at the Midlands Prison on foot of the US extradition request, has in High Court proceedings sought orders requiring the DPP to consider prosecuting him here rather than in the US.
The US authorities want to prosecute him for four offences; alleged sexual exploitation of a child, alleged transportation of a minor with intent to engage in sexual activity and two allegations of possession of child pornography.
As the matters are also offences under Irish law, Mr Mullan has asked the DPP to consider prosecuting him in Ireland.
He was informed by the DPP he has not received a Garda file concerning the offences and was not considering bringing proceedings.
Mr Mullan’s lawyers asked the Chief State Solicitor’s Office (CSSO) to obtain documents relating to the allegations from the US authorities but were told it was neither the CSSO nor the Attorney General’s role to investigate or bring about Mullan’s prosecution in Ireland.
He claims, as a matter of fair procedures, he is entitled to have a fair and impartial consideration of his case and, where appropriate, to be prosecuted in this State.
The court heard Mr Mullan was previously extradited from the US to Ireland and has completed a prison sentence here.
In his action against the DPP, Ireland and the Attorney General, Mr Mullan, represented by Kieran Kelly BL, instructed by Cahir O'Higgins Solicitors seeks orders including that consideration is given to him being prosecuted in Ireland.
He also wants a stay on the extradition proceedings pending the determination of his High Court challenge.
Permission to bring the judicial review proceedings was granted this week on an ex parte basis (one side only represented) by Mr Justice Seamus Noonan.
The judge has returned the matter to July.