Wednesday 23 August 2017

Self-styled Scottish separatist's appeal against extradition on terror charges dismissed

Adam Busby leaving court after losing his appeal. Pic: Courtpix
Adam Busby leaving court after losing his appeal. Pic: Courtpix

Tim Healy

A SELF-styled Scottish separatist's appeal against an order for his extradition to the UK, where he is wanted on terrorism charges, has been dismissed by the Supreme Court.

Adam Busby (65), with a last address at Santry Lodge, Ballymun, Dublin, is wanted by the Scottish authorities for allegedly making a series of hoax threats between November 2009 and June 2010, including to contaminate the drinking water of UK cities.

In 2013, the High Court made an order for his surrender.

The father of two, who has lived in Ireland for more than 30 years, opposed the order for his extradition and appealed the decision.

Mr Busby, who has multiple sclerosis, is confined to a wheelchair and was brought to court yesterday by ambulance.

A five-judge Supreme Court today unanimously cleared the way for Mr Busby's surrender.

The appeal came before the court on a point of law which the High Court deemed was desirable and of exceptional public interest.

The court was asked to determine of it is necessary to show that the State which executes the extradition warrant could prosecute the offence on a similar basis to the jurisdiction that issued the warrant.

Chief Justice Susan Denham, on behalf of the court, said when well-established principles from case law are applied,  it was not necessary to show that the executing state could prosecute the offence on a similar basis to the state that issued the warrant.

The European Arrest Warrant (EAW) system is based on the principle of mutual recognition of judicial decisions of other members countries legal systems and of mutual trust.

The 2003 EAW Act in Ireland established a system of mutual recognition of judicial decisions, not identical systems, in each state, the Chief Justice said.

There is no requirement for parity of procedures between member states, she said.

The charges against Mr Busby allege that he,  in 2009, while purporting to be the Scottish National Liberation Army, phoned the Scottish Sun newspaper in Glasgow, and threatened to contaminate the drinking water of major UK towns and cities.

It is also alleged he sent the same newspaper a text message claiming various packages containing caustic and poisonous substances had been sent to public figures, including the then Prime Minister Gordon Brown.

In 2010 he also alleged to have telephoned bodies including the Samaritans in Glasgow claiming that bombs would detonate at the Argyll Arcade and the Hilton Hotel in the city.

Also in 2010 he is alleged to have telephoned the Edinburgh Evening News, the Scottish Daily Express and the Scottish Sun, claiming that bombs would detonate at Edinburgh's Forth Road Bridge and Glasgow's Erskine Bridge.

Following the ruling Supreme Court agreed to put a short stay on the extradition order from being executed.

Mr Busby's counsel Remy Farrell  sought the stay till early next week so an application can made before the High Court arising out of his client's health.

Mr Busby will remain on bail till next Tuesday's sitting of the High Court.

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