Scottish extremist fighting extradition in High Court
Published 18/07/2013 | 12:57
A High Court judge has asked that a request for additional information be faxed to the British authorities today before he decides whether to extradite a self-styled Scottish separatist to the UK, where he is wanted on terrorism charges.
Adam Busby, who has multiple sclerosis and is confined to a wheelchair, is fighting extradition to Britain, where he is wanted on charges that include making a hoax poison threat against former Prime Minister Gordon Brown.
The 64-year-old is wanted by authorities there on charges relating to the telephoning of hoax bomb-warnings and poison threats to various Scottish newspapers and agencies between November 2009 and June 2010.
Busby, with a last address at Santry Lodge, Ballymun, Dublin, was arrested in July last year on foot of a European Arrest Warrant endorsed in the same month.
The father-of-two is contesting the extradition request on the basis that the alleged offences were committed outside of the UK and on the basis that he was resident in Ireland at the time.
He argues that the application amounts to an abuse of process as the authorities had previously sought to prosecute him on similar offences.
Busby contends that, as he has been resident in Ireland for 30 years, his surrender to another EU member state when he could be prosecuted here, amounts to a gross irrational interference in his family life.
The respondent also states that he would face a much higher penalty in the UK than if he were prosecuted in Ireland, something with which he says he has no difficulty.
Remy Farrell SC, for Busby, has said he would not ask the court to refuse his surrender because he suffers with multiple sclerosis, but would invite it to take the matter into account as an aspect of an overall abuse of process.
Mr Justice John Edwards said today that he needed to know whether the offence was extraterritorial.
“I need to know the law in the issuing state,” he said.
He directed that a letter requesting this extra information be sent to the British authorities and suggested it be faxed today.
He listed the case for mention again on July 23, adding that he planned to give his judgment before the end of the month.