An Irishman wanted in the UK on charges arising from an alleged attempt to import more than €2.4 billion of cocaine into the London area has lost his High Court challenge to the legality of his detention.
Michael John McDermott (61), with addresses at Blackberry Fields, Gracedieu, Waterford, and Lilliput Road, Poole, Dorset was arrested earlier this year on foot of a warrant from the British authorities seeking his extradition.
Today, Mr Justice Liam McKechnie ruled Mr McDermott’s detention is lawful and dismissed his application for release.
Mr McDermott was arrested at Dublin Airport last February on foot of European Arrest Warrants issued by the City of Westminister Magistrates. The British authorities are seeking his extradition on charges of conspiracy to import drugs and money laundering. They claimed he is part of an organised criminal network.
The UK authorities claim Mr McDermott, who holds both Irish and British passports, was the captain of a ship “The Destiny Express” which was allegedly intercepted and boarded by the authorities in Spain last December and found to be carrying 1.5 to 2 tonnes of cocaine with a street vale of STG £2 billion (€2.4 billion).
The UK authorities allege the ship was purchased for £1.5mSTG (€1.8m) by a company of which Mr McDermott was listed as a director and he was the primary contact between the ship’s owners and a Canadian shipyard that worked on the boat.
It is claimed money used to buy and refit the ship came came from individuals, acting as money traders, who are alleged to have laundered £58m STG (€70m) to date.
It is claimed the ship, with a crew of five and Mr McDermott as captain, had sailed from Canada to Trinidad and Tobago in July 2009 with its transponder switched off so its whereabouts were unknown. It is alleged Mr McDermott was then replaced as captain of the ship prior to its detention in Spain.
The High Court last April dismissed Mr McDermott’s objections to his surrender and made an order for his extradition to the UK.
In proceedings later brought under Article 40 of the Constitution, Dr Michael Forde SC, for Mr McDermott, argued his detention was unlawful on grounds including that provisions of the 2003 EAW Act are unconstitutional. The disputed provisions include Section 16 which stipulated an order for surrender may only be appealed to the Supreme Court if the High Court so certifies.
In his judgment yesterday dismissing all grounds of McDermott’s application, Mr Justice McKechnie held that Section 16 is constitutional and does not infringe Mr McDermott’s right to a fair trial or his right of access to the courts. He also rejected arguments it lacked proportionality.
The judge also ruled Mr McDermott did not have the required legal standing to challenge the adequacy of the Attorney General’s legal aid scheme. It was not possible for Mr McDermott to complain his rights to representation were infringed in circumstances where he withdrew his application for aid under the AG’s scheme, the Judge said.
The State’s obligation was to ensure that those whose surrender is sought have access to legal advice, he added. Mr McDermott, he noted, had lawyers representing him on a “pro bono” (for the public good) basis.