The proposed evidence against Jonathan Gill, who is wanted in Northern Ireland in connection with the murder of gangland criminal Robbie Lawlor, would not be admissible under EU law, his barrister has told the High Court.
Mr Gill's case raises complex matters of law because the evidence would be considered valid in a court in the United Kingdom, the extradition hearing was told.
The respondent aged 44, with an address on the Malahide Road in Clontarf, on Dublin's northside, will challenge a bid by authorities in the north to extradite him in June.
He is wanted by the PSNI so he can be prosecuted, on a "joint enterprise basis", for the murder of 36-year-old Lawlor, who was shot dead in the front garden of a house at Etna Drive, Belfast, on the morning of 4 April 2020.
Mr Gill is also accused of the possession of a 9mm self-loading pistol with intent to endanger life on a date unknown between 2 April and 5 April that year.
The courts have heard in other cases how gardai are satisfied that Lawlor, a notorious criminal linked to several violent deaths, murdered Drogheda teenager Keane Mulready Woods in January 2020.
The PSNI believe Lawlor's murder was part of an ongoing drugs feud, involving criminal elements in the Dublin, Sligo and Drogheda areas.
Mr Gill appeared today before High Court judge Mr Justice Sean Gillane in order to fix a date for his hearing.
Counsel for Mr Gill, Gemma McLoughlin-Burke BL, told the judge that she was also seeking a second legal counsel as there were a number of complex matters in the case relating to the validity and lawfulness of the evidence underlying the charge.
The barrister said the European courts have ruled that the evidence in question could not lawfully be admitted.
However, Ms McLoughlin-Burke said that given the unique position that the evidence would be admissible in the UK, a second counsel was therefore warranted.
Leanora Frawley BL, for the Minister for Justice, said the State's view was that a second counsel was appropriate if there were "particular complex or novel arguments" in the case.
However, the lawyer said it was difficult to see from what had been provided to the minister if there was any such complexity.
Mr Justice Gillane said it seemed to him that junior counsel would be "in as good a position as any senior counsel" to deal with the matter.
Ms McLoughlin-Burke then asked the judge to list the case for a bail application next Wednesday, which was acceded to, with the respondent remanded in custody until that date.
Mr Justice Gillane fixed Mr Gill's extradition hearing for 3 June next.
Ms McLoughlin-Burke told the High Court that it is expected Mr Gill's hearing may "go into a third hour" and that the arguments would be lengthy.
She said that her submissions and points of objection would be submitted by 22 May and asked that the applicant, the State, be given a week to reply.
On 3 April last, Mr Gill was arrested on foot of an extradition warrant issued to the PSNI by Belfast Magistrates' Court on 31 March.
