Minister for Justice and Equality v. Busby
(Unreported, High Court, Edwards J., 30h July, 2013)
Extradition – European arrest warrant – Refusal to surrender – Respondent charged with “threats” contrary to Scots Law; “hoaxes involving noxious substances or things” and “bomb hoaxes” contrary to U.K. law –European Arrest Warrant Act 2003 (No. 45 of 2003) – Evidence silent concerning on where the communications were initiated – Respondent tried in this jurisdiction in respect of similar offences in 1997 and 2010– No abuse of process–Central Authority acts in a facilitative role and is not a party to proceedings –Central Authority not in the same position as the Director of Public Prosecutions– Legally permissible for counsel for the applicant to operate in two entirely different contexts: adversarial criminal proceedings & sui generis civil rendition proceedings–Question of territoriality – Hybrid type offences that are both conduct and result type offences–Offences prosecutable in both jurisdictions– s. 44 Commission of offence outside issuing state– s. 44 objection rejected.
![[2013] IEHC 455 Min for Justice & Equality -v- Busby.pdf](/Judgments.nsf/09859e7a3f34669680256ef3004a27de/4fe0915f9be8b4ee80257c0c0034fa40/Content/0.94E?OpenElement&FieldElemFormat=gif)
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