A Dundalk man, who three years ago was found guilty by a Spanish court of the manslaughter of his wife, has had extradition proceedings against him adjourned for a month.
Michael Dermot McArdle, 41, from Brookfield, Heynestown, Dundalk in Co Louth, is wanted by Spanish authorities to serve a two-year sentence for causing the death of Kelly Ann Corcoran on 11 February 2000.
Ms Corcoran died two days after she fell from the balcony of room 421 of Marbella's five-star Melia Don Pepe Hotel following an argument with her husband.
McArdle was convicted in October 2008, but was allowed return home to Ireland pending the outcome of an appeal.
He failed to meet a deadline to return to Spain to serve his sentence last September and a European Arrest Warrant was issued by a Spanish judge.
However, his lawyer told the High Court this morning that McArdle is now appealing to the Constitutional Court in Spain.
Barrister Mark Lynam said it was the equivalent of a Supreme Court appeal and does not happen very often.
He said McArdle had an arrangement with the Spanish authorities that he would not have to return until after his appeal.
Because of this he had a 'legitimate expectation' that he would not have to return until after the current appeal, but the Spanish authorities seemed to be rowing back on this, he said.
Mr Lynam said issues of fair procedures would also be raised in objecting to the current extradition proceedings. He also wanted time to consult a Spanish solicitor as an expert witness.
Mr Lynam said he believed the legal issues in the case would 'transcend the facts'.
Mr Justice Edwards said he had been persuaded that there were 'possible novel legal points' to be argued in the case and granted an adjournment to 9 March.
