A MAN ACCUSED of being an administrator of the Silk Road website, which dealt with illegal drugs and hacking software, is seeking a Supreme Court appeal over an order for his extradition to the United States.
Gary Davis, aged 28, of Johnstown Court, Kilpedder, Wicklow, is wanted by US authorities to face trial on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering.
If convicted in the US, Davis could receive a life sentence. It is probable that he will be incarcerated pending his trial.
His extradition was ordered by the High Court last August and an appeal against that order was dismissed by the three-judge Court of Appeal last week. Davis was immediately put into custody having been on bail since proceedings began three years ago.
Davis had opposed his extradition on grounds that he suffers from both a form of autism known as Asperger Syndrome and depression. Among his points of objection were that if he is extradited, he will be detained in an inhumane and degrading manner.
Counsel for Davis, John O’Kelly SC, told the Court of Appeal that people with severe Asperger’s were “very heavily” reliant on family support and on their world remaining pretty much the same but Davis would be “totally torn” from his roots and isolated from his family, were he to be extradited.
O’Kelly said his client would require a system of care so individualised to him that it simply was not available in the US prison system. He said statements from US prison authorities about their system were “aspirational” and accorded more with the policies of the Federal Bureau of Prisons rather than reality.
Davis’ lawyers returned to the Court of Appeal today to seek confirmation that a 15-day stay on his surrender, from the date of the Court of Appeal’s judgment, was in place.
The court was told that Davis had received notification of an intention to surrender him to US authorities tomorrow before the 15-day period had expired.
Justice George Birmingham confirmed that there was in fact a stay of 15 days during which Davis could not be surrendered.
Senior counsel John B Peart, for Davis, told Justice Birmingham that he hoped the Court of Appeal’s order would be perfected shortly to “enable us” to get to the Supreme Court.
There is no automatic right of appeal to the Supreme Court since the new Court of Appeal was established.
Dismissing his appeal last week, Justice Alan Mahon said the subject matter of the appeal was not based upon a point of law and as such, was not permitted in law.
Justice Mahon said the High Court judge’s decision was based on facts found by him following a detailed and thorough consideration of evidence and information, including medical evidence and evidence relating to the US Federal prison system.
Appeal
The appeal effectively invited the court to reach a different conclusion on the same evidence to that of the High Court, Justice Mahon said.
Even if this court was empowered to review the High Court judge’s findings, Justice Mahon said he would not reach a different conclusion.
“I wish to emphasis that I in no way seek to diminish or trivialise the very real concerns and worries of the appellant (Davis) and his family as he faces the prospect of extradition to the United States and being imprisoned there,” Justice Mahon said.
“Such a prospect would be daunting for an individual in robust mental health let alone someone coping with a significant mental health condition” such as Davis.
It is hoped that the extent to which the issues relating to Davis’ diagnosis of Asperger Syndrome had been debated and considered in these proceedings, and the assurances provided by the US authorities will reduce these concerns to an appreciable degree, the judge said.
Justice George Birmingham and Justice John Edwards said they agreed with Justice Mahon’s judgment.
After the judgment was delivered, Davis accepted the judgment with a nod to the large number of family members and supporters who had joined him in court. They came to embrace him, amid emotional scenes, but he was lead away by prison officers before he could embrace all of them.
Libertas
He has been on bail since his arrest in January 2014.
It is alleged that Davis was an administrator of the Silk Road website using the pseudonym “Libertas”, according to the Court of Appeal’s judgment.
The website is said to have facilitated the sale of illicit drugs including cocaine, crack cocaine, crystal meth and other illegal drugs.
Purchasers of illicit drugs from the website were paid in “Bitcoins” and Silk Road revenue was based on a commission of between 10% and 15% of sale revenue.
Commissions earned by Silk Road are said to run to tens of millions of dollars.
It is alleged that Davis was paid $1,500 per week for his services.
In the course of its investigation of the Silk Road website, the FBI arrested a US citizen Ross Ulbricht, whom it is believed is the owner and operator if the website. It is alleged that Davis’ involvement was identified from information extracted from Ulbricht’s computers.
Mr Davis is a 28-years-old single man who lives with his parents in Wicklow. He is the youngest of five children, has a poor employment history, is “obsessed with computers” and is described as a “loner, naiive and immature”.
IN a report dated January 21, 2014, Prof Michael Fitzgerald, Consultant Psychiatrist, diagnosed Asperger Syndrome depressive disorder and generalised anxiety disorder. In his view, Asperger Syndrome has been evident since childhood.
Prof Simon Barron Cohen, Professor of Development Psychopathology at Trinity College Cambridge, confirmed Prof Fitzgerald’s diagnosis of Asperger Syndrome. Prof Barron-Cohen rated his Asperger Syndrome as being “very severe”.
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