THE HIGH COURT has refused to stay a decision on whether a convicted murderer, who’s alleged to have absconded from Northern Ireland, should be extradited back there and ordered his surrender.

James Meehan (54) had argued that the punitive part of his sentence had been served and that he had actually been released from prison “on licence” when he came to live here late last year.

Delivering her judgment friday at the High Court, Ms Justice Melanie Greally said there was “clear evidence” that the terms of Meehan’s release from prison had been breached and ordered the surrender of the respondent to Northern Ireland.

The judge went on to say she was concerned about the rate at which applications for bail were being made following surrender orders and that she was “throwing out a marker going forward” that “only in very exceptional cases” will persons remain on bail pending the carrying out of surrender orders.

Meehan, with addresses in Derry City and Headfort Grove, Kells, Co Meath, was sentenced in 2009 to life imprisonment – with a minimum of 14 years to be served – for the murder of Derry man Jim McFadden in May 2007.

The 42-year-old victim was repeatedly punched in the chest and died from a ruptured heart in an attack that took place after the wedding reception of Mr McFadden’s sister-in-law in Donegal.

Meehan, who is on bail, was arrested by arrangement by gardaí in May of this year on foot of extradition warrants issued in April, where he was described by the Northern Ireland Prison Service as being “unlawfully at large”.

As part of his release in the North, Meehan was allowed to reside at a Limavady, Co Derry, address from Friday to Sunday each week under a curfew of 10pm to 7am and forbidden to leave Northern Ireland without permission.

However, on 9 October, 2022, after his curfew was activated, the Limavady address was visited by authorities and Meehan was not there.

Two warrants were issued by authorities in the North, with one stating that Meehan was wanted to serve out the remainder of his life sentence until parole eligibility, while the other stated he was wanted for the breach of his release conditions

Extradition hearing

At his extradition hearing in the High Court last month, Brian Storan BL, for Meehan, told Ms Justice Greally that his client, who was born in Co Louth and raised in Co Meath, had applied to have his life sentence transferred from the North to the South in 2017.

Mr Storan submitted to the court that any decision on his client’s surrender should be stayed until the matter of the transfer of the life sentence was decided.

“In all of the circumstances, the respondent asks that a final decision on surrender would not be made until his long-running application for the transfer of his sentence of imprisonment has been determined,” submitted Mr Storan.

Mr Storan said his client’s family life was in the State and that Meehan had been living in Kells with the support of his family. “It’s clear that this is where he wanted to be since finishing the sentence and he has had a long-time application since 2017 for the transfer of sentence,” said counsel

“The delays are not down to him, nor the complications, and are not factors he should suffer from,” said Mr Storan. Counsel said Meehan had been of “good behaviour without issue to date” since being released from prison.

“He has been getting on extremely well. He has changed and hopes to make a positive impact on society and within the community in Kells,” said Mr Storan.

Counsel said his client “considers himself rehabilitated and the best way to continue that is with his family here”.

Mr Storan said his client was also objecting to his extradition on the grounds that the punitive part of Meehan’s sentence had already been served. He argued that on October 9, 2022 Meehan was not on temporary release but actually “on licence” – a life-long suspended sentence – because the mandatory minimum sentence of 14 years had been backdated by one and a half years.

Mr Storan said if his client was on licence then Meehan could only be detained in custody if he were deemed to be “a risk to the public” by parole commissioners in Northern Ireland. Mr Storan said “it is not at all clear that double-criminality is established – we say that he wasn’t on temporary release”.

Leanora Frawley BL, for the Minister for Justice, said the warrant stated that Meehan was sought in the North as he had been “unlawfully at large” from his “temporary release”, which contained conditions that he observe a curfew, reside at two particular addresses and not leave Northern Ireland.

“There is no affidavit evidence that he [Meehan] was on licence. It’s quite clear that he was on temporary release,” said Ms Frawley.

Ms Frawley said the High Court could not accede to Mr Storan’s submission on applying for a delay while there was a live prosecution in the North regarding Meehan for allegedly being unlawfully at large.

Judgement

Ordering his surrender to Northern Ireland today, Ms Justice Greally said the first warrant against Meehan had been issued in April 2023 by a magistrates court in Northern Ireland for being “unlawfully at large” and that the maximum sentence imposed for such an offence was a term not exceeding two years.

The judge said Meehan was granted temporary release in 2022 which permitted him to reside at a Limavady address subject to a curfew. She said the respondent was not permitted to reside at any other address or travel outside Northern Ireland.

In October 2022, the judge said officers conducted a check at the Limavady address and Meehan was not present. She said he failed to return to the address and was considered to be “at large”.

Ms Justice Greally said the Minister for Justice maintained that the circumstances outlined in the warrant corresponded to Meehan being unlawfully “at large” by reason of him having been “temporarily released”.

The judge said the objection delivered by the respondent was that the punitive element of the sentence of 14 years imprisonment had been served by Meehan on the date of his release from prison. “The respondent maintains the circumstances are akin to release on licence and dual criminality is not made out,” she added.

The judge said all references in the warrant were “incompatible” that Meehan was not on temporary release. She said there were significant restrictions placed on his liberty as well as conditions upon which his temporary release was granted. She said there was clear evidence that the terms of his release had been breached.

Ms Justice Greally said a suggestion that the respondent was on parole was not supported by the information on the warrant and not an assertion made by Meehan himself. “I have no difficulty in finding a breach of temporary release in this jurisdiction would amount to an offence,” she said.

The judge then made an order directing Meehan’s surrender to the Northern Ireland authorities.

She rejected the respondent’s application for placing a stay on the determination on the conviction warrant saying “it would not place any practical purpose”. She said there was also no indication in the warrant that the punitive element of the sentence had already been served.

Mr Storan then asked for Meehan to be allowed to remain on bail pending his surrender so that he could spend some time with his family.

“His 21-year-old son is emigrating to the US on Sunday to take up an employment opportunity there,” added counsel.

In reply, the judge said she was concerned about the rate at which applications for bail were being made following surrender orders. “I think they should be very much the exception and applications should be made in very particular circumstances”.

Once surrender orders are made, the judge said, there was obviously a much greater risk associated with granting bail and that the court “never loses sight of the reason we are all here and engaging in this process”.

Notwithstanding this, Ms Justice Greally said Meehan had come to court today knowing in all probability that a surrender order would be made and that he had so far honoured his bail conditions.

In acceding to the bail application, the judge said she was “throwing out a marker going forward” that persons would remain on bail pending the carrying out of a surrender order “only in very exceptional cases”. “The risk of absconding is still very much a risk particularly in conviction cases,” she added.

The judge ordered that Meehan be remanded on the same bail conditions for a period not exceeding 25 days pending the carrying out of the surrender order.

At Meehan’s successful High Court bail hearing in May, Detective Garda Robert Comerford told Ms Frawley that he arrested Meehan by appointment at Bridewell Garda Station in Dublin City.

Dt Gda Comerford told the court that he was objecting to bail on the basis that Meehan was unlawfully at large at the time.

Maria Brosnan BL, for Meehan, told Mr Justice Kerida Naidoo that her client had left the UK jurisdiction and moved south to live with his brother in Kells and to work there.

Ms Brosnan said Meehan’s solicitor, Ciarán Mulholland, contacted the Department of Justice in December 2022 to notify them of Meehan’s presence. Ms Brosnan told the court that her client “is not a man who is putting his head in the sand”.

Mr Justice Naidoo said it was a compelling feature of the case that the applicant was in contact with the Department of Justice.

“He certainly wasn’t hiding out. He is not laying low or hiding out here,” he said. Mr Justice Naidoo said Meehan was “living openly” and that he couldn’t consider that he wouldn’t engage with extradition proceedings.

Mr Justice Naidoo then approved an independent surety and granted Meehan bail.