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High Court orders Duffy extradition to Northern Ireland

Declan "Whacker" Duffy is wanted in NI to continue serving a life sentence for murder
Declan "Whacker" Duffy is wanted in NI to continue serving a life sentence for murder

The High Court has ordered the extradition to Northern Ireland of the former Republican paramilitary Declan "Whacker" Duffy. 

The 43-year old is wanted there is to continue serving a life sentence for murder. 

Duffy, who has a last address at Hannover Street West in Dublin, had been serving a term of life imprisonment for the murder of British army sergeant Michael Newman in Derby City in 1992 when he was released on license by a Northern Irish parole board in March 2013.

However, Duffy was arrested by gardaí on 5 December 2015 and was jailed in January last year by the Special Criminal Court for six years for falsely imprisoning Martin Byrne in Rathcoole/Saggart, Co Dublin on 9 June 2015.

On 6 June 2016, the Under Secretary of State for Northern Ireland revoked Duffy's licence and recalled him to prison.

A European Arrest Warrant (EAW), issued by the Northern Irish authorities in respect of Duffy, was endorsed by the High Court in the Republic in 2017.

Duffy's barrister Anthony Hanrahan had argued that since Mr Duffy has been revoked of his licence, sending him back to serve his full tariff would be "double punishment" as he has already served "what was deemed by the Sentence Review Commissioner to be an appropriate sentence".

Mr Hanrahan stated that "having been given the benefit by the 1998 Good Friday Agreement Act it would be oppressive" if Duffy were to return to serve the life sentence.

He explained to the court how this was an "unusual case", as the offending behaviour was carried out in a separate jurisdiction in which Duffy would be serving his six-year sentence in full, before having to return to Northern Ireland to once again begin his life sentence.

Counsel also explained how there was a "distinct lack of clarity" when trying to submit a new application to the Sentence Review Commission.

Mr Hanrahan also spoke to the court about the harsh implications Brexit may have on his client's case.

He stated that "the 1998 Act is a feature of the Good Friday Agreement" and that causes "real concerns that Mr Duffy will no longer be able to apply for re-release under the Sentence Review Commission" post Brexit.

Ronan Kennedy BL, for the Minister for Justice and Equality, responded to these points by explaining that Duffy's "arrest in the Republic meant he had breached the conditions of his licence not to be a danger to the public" and that this means he is once again subject to the life sentence in Northern Ireland.

"The facts of the matter are simply, Duffy pleaded guilty to the offence of murder, he acknowledged the conditions of the licence. Is there anything abusive or oppressive about seeking his surrender to serve the balance of the life sentence lawfully imposed?" Mr Kennedy said.

Responding to the matter of Brexit, Mr Kennedy stated that: "Mr Hanrahan is asking the court to analyse foreign laws without putting before it any evidential basis, and that is of concern."

This morning, Justice Aileen Donnelly ruled that Duffy can be extradited to Northern Ireland to continue his life sentence for murder.

However, the judge postponed the extradition until he completes the six-year sentence he is currently serving here in 2022.