Other court news in brief
Court orders arrest of businessman
The Supreme Court has made an order for the arrest of a Dublin businessman for the purpose of extraditing him to Britain to serve a two-year sentence for theft and fraudulent trading.
Peter Bolger, Glendown Lawn, Templeogue, was not in court yesterday for what may be the final stage of his 10-year legal battle involving multiple applications to the higher courts aimed at preventing his extradition.
Mr Bolger was arrested in Dublin in 1998 on 14 British warrants alleging he had failed to surrender himself to a London court to serve sentences totalling three years imposed in his absence after he was convicted of offences allegedly committed between January and July 1991 - stealing of cheques and money, carrying on business with intent to defraud and forgery.
The Supreme Court, with Mrs Justice Susan Denham presiding and sitting with Mr Justice Adrian Hardiman and Mr Justice Nial Fennelly, yesterday ordered the extradition of Mr Bolger on 11 of the warrants after earlier allowing an appeal by the State against a High Court decision that the lapse of time in the case rendered it unjust to extradite him.
However, because the three forgery offences specified in the warrants do not correspond with similar offences under Irish law, the court directed his extradition in relation to those offences cannot proceed. That decision means Mr Bolger now faces a two-year sentence.
Preacher refused refugee status
A Congolese preacher, who claimed that he had to flee his homeland after the authorities there misinterpreted a sermon he gave, has lost his High Court challenge to a decision refusing him refugee status here.
The Pentecostal preacher, who cannot be named, applied for asylum in January 2005 having fled with his wife who also sought refugee status because of her husband's situation. His wife also claimed she had deserted from the Congolese police force.
The preacher claimed their home was later destroyed and that he was at risk of persecution if returned to the Democratic Republic of Congo.
He said he gave a sermon in September 2004 which was religious in nature but was, he said, misinterpreted by the authorities as a challenge to them.
Their application for asylum was first turned down by the Refugee Applications Commissioner and again, on appeal, to the Refugee Appeals Tribunal. They challenged the decision in the High Court on several grounds.
However, in a reserved judgment yesterday, Mr Justice Paul Gilligan ruled they had not made out a case and rejected their application.
He said it was clear that the preacher and his wife were "simply not found to be believable to any reasonable extent" by the tribunal.
Man loses bid to halt rape trial
A 50-year-old man has lost his High Court attempt to halt his trial on charges of raping and sexually assaulting his wife's teenage niece.
The father of two, who cannot be identified for legal reasons, brought judicial review proceedings aimed at prohibiting his trial at the Central Criminal Court on more than 30 charges of rape and sexual assault of a woman, now aged 27 years of age, between April 1994 and June 1996.
The application was heard yesterday by Mr Justice Peter Charleton who dismissed it.