Plea over court's treatment of US crash death suspect
Lawyers for the American fugitive wanted in the US over a fatal high-speed car crash today told the High Court that he should be treated the same as drugs boss John Gilligan.
Frederick Russell is wanted to stand trial for the death of three students in a road accident in Washington State in 2001.
His barrister, Tom O’Connell, SC, told the court that if his extradition is granted there is a real danger that he would not be given credit for the time he’s spent in jail here.
The 27-year-old has been on remand in Cloverhill Prison for the last seven months.
And Mr O’Connell said even gangster John Gilligan was given credit for the four years he spent in Belmarsh prison in England before being extradited here to face drugs charges.
“What we are faced with in this case is a real risk that if Mr Russell is extradited he will not get credit for time spent in custody here,” the lawyer told the court.
“But it may well be that because he contested this case it may well be used against him to impose a greater sentence than he might otherwise receive.
“It is my submission that that is not permitted in this state’s treaty with the US nor is it consistent with sentencing in Irish Courts.”
Mr Justice Michael Peart will give his judgement on the extradition next Tuesday.
Mr O’Connell added Russell’s rights could be infringed if tried and convicted in the US on charges related to the pile-up. He said there was a stark contrast between European law and US procedures and a risk that he would be more harshly treated in the States and end up with an enhanced sentence.
“It’s not just a possibility in this case I would say it’s a real risk,” he said.
Russell fled the US and went on the run for around four years after being charged with vehicular homicide. He crossed the border to Canada before flying to Europe and eventually settling in Ireland where he was spotted working as a security man in a clothes store in Dublin.
He has spent the last six months fighting extradition.
George Bermingham SC, for the Attorney General, told the court US authorities would conscientiously uphold the rule of speciality which ensures a person who is extradited can only stand trial on charges for which they are returned.
And he said there was a duty on the Irish courts to grant US authorities some form of autonomy.
Mr Bermingham also rejected any comparisons between Russell’s extradition and John Gilligan.
Mr Russell, who appeared in court was remanded in custody until next Tuesday.
