An application for the extradition of a Dublin man to Britain on warrants alleging theft, forgery and fraudulent trading may proceed in the Dublin District Court, the High Court ruled yesterday.
Mr Justice O'Neill rejected Mr Peter Bolger's claim that, because extradition warrants issued against him in 1995 were found to be "bad", a District Court application for his extradition on new warrants should be prevented from going ahead.
Mr Bolger, of Glendown Lawn, Templeogue, Co Dublin, successfully argued against his extradition to Britain when warrants for his return, issued 4 1/2 years ago, were found by District Justice Windle to be "bad". These warrants did not specify the location of the offence of which Mr Bolger was convicted (in his absence), and alleged he was unlawfully at large from Brixton Prison.
However, during the earlier extradition proceedings in Ireland, a British police constable acknowledged that Mr Bolger had absconded while on bail and during the course of his trial.
Mr Bolger was then arrested in Dublin in June 1998 on 14 warrants obtained in Bow Street Magistrates' Court in London, alleging that he had failed to surrender himself to the London court. Ten of the warrants relate to charges alleging theft, three allege forgery and one alleges fraudulent trading.
Mr Justice O'Neill said counsel for Mr Bolger had conceded that a lawful arrest could be made after an invalid arrest.
As it was not yet apparent what issues would arise in the proposed District Court proceedings, it was manifestly premature to say whether any issue preventing his extradition might arise.
The judge allowed a 21-day stay on his decision pending appeal.