Man facing child porn charges can challenge refusal to try him in Ireland

The State has accepted that an Irish man, alleged by an FBI agent to be “the largest facilitator of child porn in the world”, is entitled to a High Court judicial review over the DPP’s refusal to prosecute him here.

The US authorties are seeeking the extradition of Eric Eoin Marques but he has challenged the refusal of the DPP to prosecute hin in Ireland. If convicted in the US, he could face a sentence totalling 100 years, the High Court was previously told.

After the High Court refused him leave to bring a judicial review challenge over the DPP's refusal, he appealed that refusal of leave to the Supreme Court and the matter was mentioned before the Chief Justice, Ms Justice Susan Denham, yesterday.

Patrick O'Connell SC, for the State, said, given a recent Supreme Court ruling in the case of Ali Charaf Damache, the State accepts Mr Marques should be granted leave for judicial review. Mr Damache is wanted in the US on terrorism charges and the Supreme Court had ruled he is entitled to judicial review related to the DPP's refusal to prosecute himn here.

Mark Lynam, for Mr Marques, agreed the matter should be mentioned shortly before the Court of Appeal with a view to securing the return of the case to the High Court for judicial review.

Extradition proceedings concerning Mr Marquez are listed before the High Court on November 24th, but are likely to be stayed in light of the judicial review proceedings.

Mr Marques is wanted by US authorities to face charges relating to conspiring to distribute and advertise child pornography, and advertising and distributing child pornography.

He is alleged to be owner and administrator of an anonymous hosting site known as Freedom Hosting.

The 28-year-old, with an address at Mountjoy Square, Dublin, has been in custody since his arrest in August 2013 after being refused bail over concerns including he represented a flight risk and may interfere with evidence.

The High Court previously heard the DPP decided not to bring proceedings against Mr Marques concerning the alleged offences.

It was told a letter had been submitted to the DPP in which it was indicated Mr Marques would enter a plea of guilty were the offences to be prosecuted here.

The charges relate to images on over 100 “anonymous websites” described as being extremely violent, graphic and depicting the rape and torture of pre-pubescent children.

The court was told Marques had “substantial financial resources” with $1.5 million passing through one bank account.