Irish pensioner applies to High Court to be tried in Ireland on US child-sex charges
A 79-year-old Irish citizen, wanted in the United States on various child-sex charges, claims consideration should be given to him being prosecuted in Ireland for the alleged offences.
The pensioner who is currently on remand at the Midlands Prison on foot of the US extradition request, has brought a High Court challenge requiring the DPP to consider prosecuting him in Ireland rather than in the US.
The US authorities are seeking his extradition so he can be prosecuted for four offences which are the alleged sexual exploitation of a child, the alleged transportation of a minor with intent to engage in sexual activity, and two allegations of possession of child pornography.
As the matters are offences under Irish as well as US law the man has asked the DPP to consider prosecuting him in Ireland.
He was informed by the DPP, the director has not received a file from the Gardaí concerning the offences and was not considering bringing proceedings.
The man's lawyers have asked the Chief State Solicitors Office to obtain documentation relating to the allegations from the US authorities.
His lawyers were informed it is neither the Chief State Solicitors Office, nor the Attorney General's role, to investigate or bring about the man's prosecution in Ireland.
He claims that under fair procedures he is entitled to have a fair and impartial consideration of his case, and where appropriate to be prosecuted in this State.
The court heard the pensioner was previously extradited from the US to Ireland and has completed a prison sentence here.
In his action against the DPP, Ireland and the Attorney General, the man seeks orders including that consideration is given to him being prosecuted in Ireland.
He also seeks a declaration he is entitled to have consideration being given to the prospect of him being prosecuted in Ireland for the alleged offences, which he says are offences under Irish and US law.
He further seeks to have a stay placed on extradition proceedings pending the determination of his High Court challenge.
Permission to bring the challenge was granted on an ex parte basis by Mr Justice Seamus Noonan.
The case will come back before the court next month.
