Lawyers for Ms Roisin McAliskey are to seek a High Court ruling within weeks to force a London magistrate to order her extradition to Germany. The move is being made so that appeal procedures against her extradition can begin in the High Court in London or directly to the Home Secretary.
Following the third adjournment of the extradition proceedings at Bow Street Magistrates Court yesterday, because she was too ill to attend, Ms McAliskey's solicitor, Ms Gareth Peirce, told the court her client was "suffering from a mental disorder". Ms McAliskey's doctors had further advised her that continued public attention "would run counter to what they are trying to achieve in treating her".
Ms McAliskey's extradition to Germany is being sought in connection with an IRA mortar attack on a British army base there in June 1996.
It is Ms McAliskey's mental condition and the refusal of the stipendiary magistrate, Mr Nicholas Evans, to make the extradition order in her absence that has led to the impasse in the extradition proceedings. At a hearing two weeks ago, Ms Peirce argued that an extradition order could be made in Ms McAliskey's absence because she [Peirce] represented Ms McAliskey in the court. The German government backed the application.
However, the request was refused by Mr Evans at that time, and again yesterday, when he said: "I do not believe I have that power." Reading a statement to the court, Mr Evans also rejected a request by Ms Peirce to travel to the Maudsley Psychiatric Hospital in London, where Ms McAliskey has been receiving treatment since she was released on conditional bail in June, to inform her in person of the extradition order. In doing so, Ms Peirce argued, Ms McAliskey's case could then move on to the appeal stage in the High Court or to the Home Secretary, Mr Jack Straw, which is the preferred option.
However, Mr Evans said he was "totally opposed" to the request, which was supported by Ms Arvinder Sambei, representing the German government. "The wide interpretation of the Magistrates Court empowers me to sit wherever I choose," he explained, "but the jurisdiction is limited and there is no precedent in 100 years of extradition hearings at Bow Street Magistrates Court", Mr Evans said.
Mr Evans sympathised with Ms McAliskey over her mental condition, which he said rendered a court appearance "too stressful", but he insisted he was not prepared to order her extradition in a hospital where the press and the public would be denied access. He suggested Ms McAliskey might consider travelling to a court closer to the Maudsley Psychiatric Hospital, such as Camberwell Magistrates Court, where the extradition order might take place.
Closing his statement, Mr Evans placed the "onus" of resolving the issue with the High Court, which, he said, could "direct me on what to do next". Extending Ms McAliskey's bail until November 10th, Mr Evans indicated he would be prepared to adjourn the proceedings again "until Ms McAliskey is fit to attend" or until Ms Peirce or the German authorities made representations to the High Court to "direct me" on how to proceed. Outside the court, Ms Peirce said she understood that Mr Evans had "specifically invited us" to seek a ruling in the High Court to address the issues raised "and that's what we will do next".