MS Roisin McAliskey's application to have the German government's request for her extradition declared "unlawful and improper" has been rejected by the High Court in London. Ms McAliskey is being sought by the German authorities in connection with an IRA attack in Germany least year.
In a 10 minute judgment yesterday, Lord Justice Kennedy, sitting with Mr Justice Mance, described her application as "important" but ruled the German government was entitled to seek her extradition.
A date for that hearing is expected to be set when Ms McAliskey appears at Bow Street Magistrate's Court on February 13th.
Ms McAliskey (25), is six months' pregnant and did not attend yesterday's hearing. She is accused of being a member of the IRA gang which launched a mortar attack on the British army barracks in Osnabruck last June. No one was injured in the attack.
Last week her alleged coaccused, Mr James Corry from Belfast, was released by the Minister for Justice, Mrs Owen, on the basis that Germany's extradition request was unlawful.
Lord Justice Kennedy stated he could not accept claims that Germany's request was "unlawful and improper" under the terms of the European Convention simply because the German government refused to extradite its nationals.
After pointing out that even though the alleged criminals were not extradited, they were still prosecuted in Germany, Lord Justice Kennedy stated that under English law this could not occur.
"If this argument was accepted the surprising result would be that UK nationals could commit an offence abroad confident that an extradition application would be refused and it would simply be impossible for them to be prosecuted here," he said.
Following their rejection of Ms McAliskey's application, the two judges agreed she could appeal against their decision to the House of Lords.
Outside the court, her solicitor, Ms Gareth Peirce, said they had 40 days to lodge an appeal but hoped for a bail hearing next week.
"Anyone's primary concern is that here is a young woman in poor health who is on a collision course between pregnancy and extradition. Custody, extradition and successful delivery of the baby appear to be incompatible," she added.
During the hearing, Mr Edward Fitzgerald QC for Ms McAliskey, told the court she was being held at Holloway Prison illegally because as a UK citizen she should not be extradited to Germany.
"It is our submission it follows that Germany cannot require of the UK what the UK cannot require of Germany ... the basic principle being you cannot ask somebody to do something under the treaty that you won't do yourself," he said.
Mr Fitzgerald stated Ms McAliskey would have preferred to be prosecuted in England because the case against her was so weak "it would not go very far".
However, Mr Alun Jones QC, representing the German government, said no British home secretary had ever refused to extradite a UK citizen simply because of their nationality.
He stated a majority of the 29 European countries also refused to extradite their own nationals preferring to prosecute the alleged criminals in their country.
"Britain applies a territorial law ... we prosecute on the basis of where the crime is committed rather than on the nationality of the individual and so we extradite them," he added.