Quote:
Originally Posted by Skallagrim
Under this section of the law you linked: "26.—(1) If the Minister receives a request made in accordance with this Part for the extradition of any person he shall, subject to the provisions of this section, by order signify to a justice of the District Court that the request has been made and the justice shall issue a warrant for the arrest of that person." it seems that if the US has properly filed the paperwork the Irish Police have no choice but to institute the proceedings to arrest the suspect and begin the formal and public court proceedings on whether the actual extradition should take place.
And so it appears that the only reason this would not have occurred if the DOJ has actually filed the proper forms is if the Irish Police cannot find Mr. Bitar.
Public reports seem to indicate that Mr. Bitar is pretty easy to find.
But again, this is Irish law and I do not pretend to be an expert in Irish law.
Skallagrim
We have read this Act pretty carefully. Look at:
" 23.—A request for the extradition of any person shall be made in writing and shall be communicated by—
(a) a diplomatic agent of the requesting country, accredited to the State, or
(b) any other means provided in the relevant extradition provisions."
That's a political process. This is what happens BEFORE it goes to the High Court. First the politicians decide if it goes forward. Once it is at the High Court, then it's public.
It's not like RB has murdered someone. He is being indicted on Fraud and ML and most likely his passport has been revoked (just a guess). Political processes like this can take many many months and also in the act is the requirement for dual criminality, which may be somewhat ambiguous to argue and could very likely be under review. Finally, I doubt that RB is a priority to the Irish at this point and you can bet they want PK sold and saved - so arresting him an endangering hundreds of jobs couldn't be a politically popular thing to do right now in a country with double digit unemployment.
Your logic that just because he hasn't been arrested is a fallacious argument that ignores the facts and the law and the processes involved here. You cannot make assumptions based on his availably to the garda (police) or time passed.
Last edited by LedaSon; 09-27-2011 at 10:04 PM.