The extradition of an Irish man to Germany over a drunken incident that occurred in a Berlin takeaway 30 years ago has been deemed “unjust” by his supporters. The man, now in his 50s, was arrested in Dublin last year following a European Arrest Warrant issued by German authorities. The incident in question occurred in 1990, and the man was charged with causing grievous bodily harm to a German man. However, his supporters argue that the charges have been exaggerated, and that he has already served a sentence in Ireland for the same offence. The case has reignited debate about the fairness and proportionality of extradition laws across Europe.
Lawyers for Irish man Liam Patrick Daly have argued that it would be unjust to extradite him from the UK to Germany over a 30-year-old incident. Daly, 50, is wanted by German authorities for allegedly entering a Berlin takeaway while drunk in 1994 and threatening a worker with the broken leg of a chair. Lawyers claim that Daly’s human rights would be breached if he were to be extradited, citing the extended delay in the issuing of an arrest warrant. Daly has denied any recollection of the incident. A court hearing has been adjourned until next week.
The warrant for Daly’s arrest over the alleged incident was first issued in 1996. In 2003, a UK court refused to surrender Daly over the same matter. Daly had by then returned to the UK and had moved to Birmingham, where he has lived openly ever since. He has also travelled between the UK and Ireland on an Irish passport. However, a warrant was amended and reissued in 2007, claiming that Daly had attempted aggravated robbery.
Daly’s barrister, Willie Hughes, told the court that Daly had emigrated to the UK as an 18-year-old and had moved to Germany when he was 22. Hughes argued that there had been “no obligation” on Daly to tell German authorities he had moved house and that there had been no suggestion of any limitations on his client’s liberty. Hughes added that the German authorities were aware his client was Irish but that they had taken “no steps” to enquire with authorities in Ireland and “sat on their hands” as to the whereabouts of Mr Daly.
The European Arrest Warrant system changed in 2004, and an explanation for the delay between 2003 and 2007 could be that German authorities had to adapt to the new system after being “rebuffed” by UK courts, according to Anthony Hanrahan, representing the Minister for Justice. Hanrahan said that the delay did not reach the “very high standard” required for an abuse of process and that Daly had not returned to Germany to directly deal with the matter. In 2003, the original warrant was still in effect and that the 2007 warrant had been amended to the sole charge of attempted aggravated robbery, removing a charge of “attempted bodily harm”.
Daly’s human rights would be violated if he were to be extradited when so much time has passed, argued Hughes. Daly carried on with his life, had remained at the same address in Birmingham for 20 years, and had worked in construction during that time, flying back to Ireland on various occasions every year to visit his mother.
A ruling on Daly’s extradition is expected next week.
