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Respondent entitled to the benefit of previous High Court decision finding a lack of correspondence

By: James Cross BL

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High Court refuses surrender of respondent to Romania in European Arrest Warrant proceedings, on the grounds that the respondent is entitled to the benefit of a previous High Court decision refusing surrender on the grounds of lack of correspondence.

European Arrest Warrant – custodial warrant – Romanian authorities seeking surrender of respondent - aggregate sentence - offence had been the subject of a previous European arrest warrant and the High Court had determined there was no correspondence between that offence and an offence under the law of the State – legal effect of the previous judgment - requirement of correspondence - satisfied that the facts as set out in the current EAW would be capable of establishing correspondence with the offence at Irish law of cultivation of cannabis plant contrary to s. 17 of the Misuse of Drugs Act, 1977 - principle of res judicata does not apply to proceedings seeking surrender or extradition - refusal of a court to surrender on foot of a warrant is not of itself a bar to a subsequent request for surrender on a fresh warrant and this is particularly so where the earlier refusal was based on some technical defect or inadequacy in the warrant before the court – issue estoppel may arise - respondent is entitled to the benefit of the earlier finding as regards correspondence, either by way of an issue estoppel or by way of a right which has accrued to him to enjoy the benefit of that earlier decision – surrender refused

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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