Bail for man subject to Hungarian extradition request

11/11/2009 - 17:28:08
New extradition proceedings have been brought against an Irishman wanted in Hungary for causing the death of two children more than nine years ago.

The High Court heard that the Hungarian authorities are seeking the extradition of Francis Ciaran Tobin (aged 45) of Offington Drive, Sutton, Dublin, who was convicted and jailed for 18 months in his absence of negligent driving causing the deaths of Marton (aged 5) and Petra (aged 2) Zoltai in April 2000.

Today the court remanded Mr Tobin, a married father of two, on bail to appear before the court in early December.

In 2007 a request by the Hungarian authorities for Mr Tobin's extradition was refused by the High Court. In its judgment Mr Justice Michael Peart found Mr Tobin's departure from Hungary could not be defined as "fleeing", as had been contended on the extradition warrant.

Mr Justice Peart said that he accepted Mr Tobin's argument that he and his family left Hungary, on November 30, 2000, following the completion of his work and that he never fled Hungary. That ruling was subsequently upheld by the Supreme Court in February of 2008.

Counsel for the State Mr Ronan Kennedy BL told the court that since the courts' previous rulings, there had been a change to the law contained in the 2009 Criminal Justice Act.

Counsel said that a European Arrest Warrant (EAW) seeking Mr Tobin's arrest was issued by the Hungarian authorities last September and was endorsed by the High Court last month. Mr Kennedy also told the court that the state objected to Mr Tobin's being granted bail.

Counsel for Mr Tobin, David Keane SC, told the court that while the earlier judgments had focused on the fleeing point, there were a number of other points of objection had been made against any order for his client's surrender to Hungary.

Mr Justice Michael Peart remanded Mr Tobin on bail on his own bond of €3,000 and two independent sureties of €5,000 each. Mr Tobin must also sign on three times a week with the Gardaí, be of good behaviour, not leave the state and had to surrender his passport.

Sergeant Jim Kirwin of the garda extradition unit told the court that Mr Tobin was arrested on Tuesday. When the garda asked him if he knew about what was contained in the EAW, Mr Tobin replied: "Yes I know. I thought this was over after the Supreme Court."

In the EAW, it is claimed that Mr Tobin's car mounted a footpath in a built up area of Budapest on April 9, 2000. As a result of the incident, Marton Zoltai, who was standing on the footpath, and Petra Zoltai, who was sitting in a pram at the time of the accident, were both killed.

It is claimed that Mr Tobin's wife and two Irish friends were in the car at the time of the fatal collision.

The following day, all four attended a police station, and made a statement with the assistance of a Hungarian lawyer. At the time of the crash Mr Tobin had been working for Irish Life in Budapest for three years.

Mr Tobin was sentenced to three years in prison by a Budapest court, but this was reduced to 18 months on appeal.