Man sought on New IRA terror charges wins challenge against extradition

https://www.belfasttelegraph.co.uk/news/courts/man-sought-on-new-ira-terror-charges-wins-challenge-against-extradition/a1516525700.html

Irish Supreme Court accepts concerns over lack of clarity in law following Brexit

A man wanted by the PSNI in connection with an MI5 sting targeting the New IRA has won an Irish Supreme Court challenge against his extradition.

The PSNI has been seeking to extradite Sean Walsh for the past three years as part of the Operation Arbacia investigation.

Walsh, who is from Cork, was arrested as part of an investigation into the activities of the dissident republican group. An application to extradite him was launched in early 2021.

The Irish Supreme Court has now referred the case to the EU Court of Justice in Luxembourg after accepting concerns that the law on extradition is no longer clear following Brexit.

Warrants of arrest were issued for Walsh in Northern Ireland on November 26, 2021, in respect of four offences: membership of a proscribed organisation; directing the activities of an organisation concerned in the commission of acts of terrorism; conspiracy to direct the activities of an organisation concerned with the commission of acts of terrorism; and preparing to commit acts of terrorism.

The offences carry potential sentences of between 10 years and life in prison.
Northern Ireland is part of a new agreement on the extradition of suspects to and from EU member states, negotiated after Brexit, which provided for the continuation of the European Arrest Warrant system.

Walsh’s arrest was linked to one of two meetings organised by MI5 agent Dennis McFadden at properties in Co Tyrone.
McFadden, originally from Glasgow, infiltrated the New IRA and its political wing, Saoradh, and remained at the heart of the organisation for over a decade while also working for MI5.

He claimed to be a hotel safety inspector to account for his long periods away from Northern Ireland, but he was in fact living a double life as a spy for MI5.

Walsh (56) is wanted by the PSNI over alleged offences stemming from an MI5 surveillance operation at a rented property in Omagh in July 2020.

Nine people — seven men and two women — alleged to be the leadership of the organisation, were arrested August 2020.
Palestinian GP Dr Issam Bassalat was also arrested and charged in connection with the terror investigation.

McFadden rented a property in Edinburgh that was bugged by the authorities. Information captured in this building forms part of the case against some of those accused.

The defendants have almost all been bailed, given the length of time it is taking the case to come to trial.

During a recent bail hearing for high-profile republicans David Jordan, from Dungannon, and Kevin Murphy, from Coalisland, a defence lawyer said it could be next year before the case is ready to go to trial.
Walsh’s lawyers have been challenging the extradition on a number of points.

The Supreme Court in Dublin heard he would only be entitled to a maximum of a 33% reduction to his custodial sentence, rather than the previous 50%, under the UK’s Counter Terrorism and Sentencing Act of 2021.

This more limited reduction would also be subject to approval by the Northern Ireland parole commissioners, creating more uncertainty that did not occur under the previous regime, the court heard.
However, a barrister for the State said any potential sentence imposed was “still a contingent matter” and that the Supreme Court should not prevent the UK from trying Mr Walsh on “very serious issues”.

The court ruled that aspects of the case needed clarification by the higher EU court, given the complications caused by Brexit.
Solicitor Ciaran Mulholland, who represents Mr Walsh, welcomed the judgment.

He said: “It is evidence that there are still live concerns regarding the legality of sentencing in the UK since Brexit, particularly in the area of parole and licensing of terrorist-related offences, with new draconian legislation being introduced following the signing of the Trade and Cooperation Agreement [between the UK and EU].

“The hangover of Brexit continues to present serious challenges throughout the EU. This case will have immediate implications throughout all member states, involving extraditions to the UK for individuals sought that may be subject to the new sentencing regime there.”

by Ah_here_like