A Co Galway man, held over the suspicious death of a man in 1997, has been granted leave by the High Court to challenge the lawfulness of his detention.
Mr Martin Giblin, counsel for Mr Alan Stephens, of Hymany Park, Ballinasloe, said his client had been extradited from Britain to face a minor malicious damage charge.
However, he contends that that real purpose of the extradition was to facilitate a Garda investigation into the death of Mr John Kennedy, Ballinasloe, in August 1997.
He said British Home Secretary Mr David Blunkett had signed a Certificate of Waiver of Specialty consenting to the Garda Síochána holding Mr Stephens in custody for the purpose of investigating the malicious damage offence.
Mr Martin Giblin said his client had been held in custody and proceeded against at sittings of the District Court in Co Galway at all times on the basis of this certificate.
Without the District Court having knowledge of it, the Certificate had been changed to consent to a Garda investigation into the alleged murder of Mr Kennedy.
Mr Giblin said extradition for the purposes of investigation was unknown to Irish law and he would be contending at the High Court inquiry that the detention of Mr Stephens was legally flawed.
Mr Justice Paul Butler granted leave for the inquiry, directing that the Governor of Castlerea Prison, where Mr Stephens is being held, produce him in court for the purposes of having the State certify in writing the legality and grounds for his detention.