The High Court has reserved judgment on an application by the UK authorities for the extradition of English man Perry Wharrie, who is serving a 30-year jail sentence here for his role in a major cocaine smuggling operation in Co Cork.
The return of London-born Wharrie (50), with an address at Pyrles Lane, Loughton, Essex is being sought for allegedly breaching conditions of his release on licence having served a sentence in relation to the armed robbery of a Securicor van at Barclay’s Bank at Hemel Hempstead on April 14th 1988 during which a police officer was shot dead.
The British authorities claim Wharrie was released on licence in April 2005 on conditions including that he not leave the UK without permission.
They claim Wharrie left his home address in Essex in 2007 without leaving a forwarding address.
At the High Court today, Mr Justice Michael Peart reserved judgment to early next year on the extradition application.
Opposing extradition, Michael L O’Higgins SC, for Wharrie, argued his client’s rights would be breached because the UK’s sentencing system is both punitive and preventative, as opposed to the Irish system which is punitive.
Counsel said the extradition process “reeked” of an attempt to “close the file” and “give neatness” to the case.
There was no reality that the order could be enforced until 2025 at the earliest, he said. Because Wharrie will be in jail until aged in his early 70s, an order for his extradition which would be postponed many years would breach his rights.
Micheal P. Ó Higgins SC, for the State, argued there is no impediment to a court order for Wharrie’s extradition.
The State would be seeking the postponement of any such order until he had completed his prison sentence in Ireland, counsel added.
Counsel also argued the Supreme Court has held a fundamental deficiency in the system of justice in a different state must be established before extradition could be refused. There was no evidence of such in the UK’s sentencing system.
The “lack of a crystal ball” to see into the future was not something which could prevent the court from ordering Wharrie’s extradition, he added.
In 1989, Wharrie, with two other men, was convicted in connection with the shooting dead of off duty police officer Frank Mason (27), who had intervened during the armed robbery.
During a struggle, a single shot fired by another party killed Mr Mason.
Wharrie was given a life sentence for the officer’s murder and received concurrent sentences for robbery and firearms offences. He was freed on licence in 2005 having served 16 years.
In July Wharrie and two other men received lengthy jail sentences for their involvement in an operation to smuggle €400 million worth of cocaine found floating in Dunlough Bay, Mizen Head, on July 2nd 2007.