The issue of extradition has once again come into focus as an Irish man is currently fighting extradition to Germany over a drunken incident that took place in a Berlin takeaway nearly 30 years ago. The case has raised questions about the effectiveness and fairness of the extradition process, particularly when dealing with less serious offenses that occurred many years ago. In this article, we delve deeper into the case of this Irish man and examine the arguments for and against his extradition.
Irishman Liam Patrick Daly (50), who has an address in Birmingham, is fighting against his extradition to Germany over a drunken incident at a takeaway in Berlin almost 30 years ago. According to lawyers representing him, it would be unjust to extradite him now when so much time has passed since the alleged incident. A warrant for Daly’s arrest was first issued in 1996 after he was accused of going into a takeaway on Uhlandstrasse in Berlin on February 18th, 1994, and attacking a snack bar worker who managed to fend him off. Daly was said to be drunk at the time.
Daly’s barrister, Willie Hughes BL, told the High Court in Dublin that his client had left Ireland at 18 and moved to the UK, and then to Germany when he was 22. He had been arrested and detained for three days after the alleged incident, but Daly had no memory of it due to his inebriated state. Despite being released after nominating his fiancé’s Berlin address for the service of any documents, Daly moved to a different address, which prevented the service of an indictment upon him. A German domestic warrant was issued for Daly in August 1994 followed by a European Arrest Warrant in March 1996.
At an extradition hearing, Hughes argued that there had been no obligation on his client to inform German authorities of his change of address, and no suggestion of any limitations on his liberty. Daly had returned to Ireland in 1996, moved to Birmingham in 2002 on a permanent basis, and had not sought to evade any authorities. He had been “living openly” in Birmingham since then and a UK extradition case in 2003 resulted in a refusal to surrender him over the same matter.
While the warrant was issued in 1996 and Daly had “popped up” in 2003, Mr Justice Kerida Naidoo said he did not see how German authorities were responsible for the delay, which amounted to a breach of Daly’s human rights. Daly had been arrested and detained by German authorities to whom he made “certain admissions”. The court was told that there was “no delay” between issuing the domestic warrant for Daly in August 1994 and the international search issued in March 1996.
Daly’s barrister submitted that the German authorities were aware his client was Irish, but they had taken “no steps” to enquire with authorities in Ireland and that they had “sat on their hands” as to his whereabouts. In response, lawyers for the minister for justice, Anthony Hanrahan BL, said that the European Arrest Warrant system had changed in 2004 and that an explanation for the 2003-2007 delay was that German authorities had to adapt to the new system after being “rebuffed” by UK courts.
Mr Hanrahan said the delay did not amount to an abuse of process and that Daly had made admissions at the time of his detention, making it hardly credible to argue that he believed the charges had been dropped. While the delay was “unusually long” it was “certainly not unique,” he said. The matter was adjourned for inquiries to be made regarding the latest UK warrant and to see if the minister was aware of any new warrant in Ireland.
Daly’s case illustrates how extradition cases can be complicated, particularly when there is a significant delay between the initial warrant and the proposed extradition. While in Daly’s case, the German authorities failed to press the matter, other cases have been resolved much more quickly. Nevertheless, it is clear that the passage of time is a crucial factor in all such cases, and unless there are compelling reasons to the contrary, long periods of time can cause breaches of human rights. Many people are also often unaware of the fact that their legal status regarding extradition can change over time, a fact that can have serious consequences if they are suddenly arrested in a foreign country. This can lead to situations like Daly’s, where he is facing extradition for a crime that took place almost 30 years ago, without any knowledge of what awaited him.
