A Mayo solicitor has lost his challenge to the DPP’s assurances to authorities in Brazil that his time spent in a prison there awaiting extradition will be set off against any prison sentence imposed on his him, according to today’s Irish Independent.
These assurances were required by Brazilian authorities before they will sanction Crossmolina native Michael Lynn’s extradition, which his lawyers have said is due next week.
Mr Lynn had sought assurances from the High Court such assurances could not be given. Had he secured them, he may have used them in efforts in Brazil to prevent his extradition, his lawyers indicated.
In his ruling yesterday, Mr Justice Michael McGrath rejected arguments by Mr Lynn that guarantees or assurances provided in letters from the Irish embassy in Brazil to the Brazilian authorities last January and earlier this month amounted to unlawful interference with the judicial function in the context of the separation of powers.
He said the issue of whether the contents of the letters satisfied the requirements of the Brazilian authorities is a matter for the Brazilian courts and it not for the Irish courts.
In Mr Lynn’s case the guarantees had to be given by March 11th 2018 failing which, as a matter of Brazilian law, he must be released from custody, Mr Justice McGrath said.
He refused to put a stay on his ruling pending any appeal.