Legality of detention raised

The High Court will tomorrow hear a challenge to the legality of the detention of a Co Louth man wanted in Spain in connection…

The High Court will tomorrow hear a challenge to the legality of the detention of a Co Louth man wanted in Spain in connection with the death of his wife there five years ago.

Michael Dermot McArdle (36), Brookfield, Heynestown, Dundalk, has been in custody since last Friday when the court made an order for his extradition to Spain on a charge of alleged homicide of his wife, Kelly Anne.

Mr McArdle has brought Article 40 proceedings challenging the lawfulness of his detention. The matter was mentioned briefly before Mr Justice Peart yesterday and it was agreed to adjourn the case until tomorrow.

Mr McArdle lost a challenge to his extradition to Spain under the first order of its kind to be made under the European Arrest Warrant Act, 2003, which came into effect in January 2004.

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The surrender of Mr McArdle was sought by the Spanish authorities earlier this year in connection with the death of his wife after a fall from a hotel balcony in Marbella on February 12th, 2000.