The Supreme Court has cleared the way for the extradition of a Polish man on charges of alleged sexual abuse of a teenage girl.
The three judge court today granted the Minister for Justice's appeal against the High Court's refusal to make an order for the surrender of Jaroslav Piotr Gotszlik.
The Polish authorities had initially sought the extradition of Gotszlik, a married father in his mid-20s, with an address in Belclare, near Tuam, Co Galway, to serve a 16 month prison sentence imposed in 2003 for assault of a female and on separate charges of sexual exploitation of a 13-year-old female in November 2005.
In the High Court in November 2007, Mr Justice Michael Peart refused extradition because of the existence of two separate warrants for each of the offences from Poland, which he held was contrary to the provisions of section 22 of the European Arrest Warrant Act.
The judge said the Polish authorities had in November 2006 issued two separate European Arrest Warrants, one for each of the offences, rather than one warrant which contained both offences. The fact two warrants were issued was not contemplated by the relevant legislation, he said.
The Minister appealed that decision and the Supreme Court today allowed that appeal. Ms Justice Susan Denham, presiding and sitting with Mr Justice Nial Fennelly and Ms Justice Fidelma Macken, ruled a person may be surrendered on the basis of one or more warrants.
Ms Justice Denham said the European Framework Decision on European Arrest Warrants "could not be constructed as requiring all offences to be on a single warrant."
She ruled a court may order the surrender of a person on more than one European arrest warrant and directed Gotszlik may be surrendered. This was consistent with the terms of section 22 and with the purpose of the Framework Decision, she held.
Noting the warrant relating to the assault on the female was actually withdrawn in June 2008, the judge said the court was still deciding the issue of multiple warrants as there were other cases before the High Court in relation to multiple warrants, she said.
As there were no longer two warrants in this case, Gotszlick should be surrendered on the remaining warrant, she directed.