The Attorney General -v- Snowden:
The USA are clearly working on all fronts globally to bring Mr. Snowdon home and it is clear that legal pressure is being fully applied in addition to political and diplomatic moves but as the attached judgement indicates speed in bringing such applications does not always pay off.
Ireland is a natural stopover if one is flying to South America afterall!
Part 2 of the Irish Extradition Act of 1965 is very specific when it comes to issue of correspondence and extra-territoriality in particular. A breach of Irish Data Protection laws if it occurred outside the State of Ireland (given the internet) might not be prosecutable here and thus not be a crime subject to extradition to the USA.If Snowdon landed here an extradition request might be refused.
The Judgement does not preclude the USA renewing the application afresh but the location of the offences is going to be key.
The USA and Ireland have had several successful extraditions in the last number of years but our extradition act with the States is based on a formal Treaty. Extradition works on the basis of international comity and the USA cannot be faulted for acting as they are but I was involved in a case a number of years ago where a client of mine was extradited State Side and post extradition it turned out that a crucial prosecution exhibit was not preserved and we were not informed of this development during the contested extradition case.
The views of the writer are purely personal and do not constiute legal advice.
I am following Mr. Snowdon’s plight with interest.
PETER CONNOLLY