The way has been cleared by the Supreme Court for the extradition of a Romanian national who is wanted in his native country for an alleged murder committed in Ireland.
The Supreme Court dismissed the appeal by Petronel Pal (36) against an order for his surrender to the Romanian authorities made by the High Court in 2020, which was upheld by the Court of Appeal last year.
Mr Pal, who was arrested at Briarwood Lawn, Clonsilla, Dublin is wanted for prosecution in Romania for aggravated murder allegedly committed at Academy Square, Navan, Co Meath in April 2014, and also for the creation of an organised crime group.
Virgil Busa (37), also from Romania, was allegedly assaulted at his apartment at Academy Square and died from his injuries three days later on April 13th, 2014.
Mr Pal's appeal against his extradition was heard at the Supreme Court after it deemed the case raised a point of law of exceptional public importance.
Unanimous judgment
In a unanimous judgment, a five-judge Supreme Court, comprised of the Chief Justice Mr Justice Donal O'Donnell, Ms Justice Elizabeth Dunne, Ms Justice Iseult O'Malley, Ms Justice Marie Baker and Mr Justice Gerard Hogan, dismissed the appeal.
Giving the court's decision, the Chief Justice said Mr Pal's extradition was not precluded by the relevant section of the 2003 European Extradition Warrant (EAW) Act.
Mr Pal's lawyers had argued that under Section 44 of the EAW Act, Ireland is not obliged to surrender persons where the EAW relates to an offence alleged to have been committed outside the issuing state, and where that offence, by virtue of having been committed outside Ireland, would not be an offence in Irish law.
It was also argued that “the offence” meant the exact facts of the offence – including that the appellant was a non-national.
It was also argued that the findings in the case where French authorities had sought the extradition of Ian Bailey to France to go on trial for the alleged murder of Sophie Toscan du Plantier prevented their client’s surrender to the Romanian authorities.
Opposing the appeal, the Minister for Justice rejected the arguments.
'Implausible'
In his judgment Mr Justice O'Donnell said that Mr Pal's interpretation of the Section 44 of the Act was "implausible", stating this action differed from the Supreme Court's finding regarding France's request for the extradition of Mr Ian Bailey.
He added that contrary to Mr Pal's contention, the relevant fact in the Supreme Court's judgment refusing to extradite Mr Bailey to France was not the Mr Bailey was not Irish, but rather that he was not French.
Mr Justice O'Donnell, when considering the potential impact of Mr Pal's case on public international law, said the section challenged could not be interpreted in a manner that would result in the refusal of a request made regarding the exercise of a jurisdiction recognised in International law and which Ireland itself has exercised.
In that case, France had sought the surrender of a non-French national for the murder of a French citizen outside of France, he said.
The EAW seeking his surrender states that while living in Ireland, Mr Pal and several other identified individuals allegedly created, and were members of, an organised crime group. The group is alleged to be headed by a relative of Mr Pal.
It is alleged that Mr Pal and a number of these individuals broke into Mr Busa’s home in the early hours of April 10th, 2014 and used extreme violence on Mr Busa and another Romanian national.
