LAST UPDATE | 9 May 2022

THE SUPREME COURT has ruled that Liam Campbell, who was found civilly liable for the Omagh bombing, can be extradited to Lithuania where he is accused of offences including terrorism, possession of weapons and smuggling.

In what was a lengthy legal battle Campbell (59), Upper Faughart, Dundalk, Co Louth had opposed Lithuania’s request for his surrender.

In a European Arrest Warrant the Lithuanian authorities allege that while acting in an organised terrorist group, the Real Irish Republican Army (RIRA), he made arrangements to acquire a substantial number of firearms and explosives from Lithuania and smuggle them into Ireland.

It is further alleged that during the end of 2006 to 2007 Campbell made arrangements with others to travel to Lithuania for the purposes of acquiring firearms and explosives, including, automatic rifles, sniper guns, projectors, detonators, timers and trotyl (TNT)”.

He was arrested in Dundalk on 2 December, 2016, on foot of the second European Arrest Warrant (EAW) issued by Lithuanian authorities. It was the third attempt overall by Lithuania to seek his surrender.

Both the Irish High Court and Court of Appeal had ordered that he be extradited to the Baltic state. However, he appealed those findings to the Supreme Court.

In its decision today, the​ five-judge court comprised of Mr Justice John MacMenamin, Ms Justice Elizabeth Dunne, Mr Justice Peter Charleton, Ms Justice Marie Baker and Mr Justice Gerard Hogan dismissed Campbell’s appeal.

Giving the court’s decision Ms Justice Baker said that the court was satisfied that a decision had been taken in the requesting state to charge and try Campbell in accordance with the relevant section of the 2003 EAW Act.

Under Section 21 A of the 2003 Act the judge said that the court must assess whether a decision has been made or a present intention exists to prosecute the person in accordance with criminal procedures in the requesting state.

It must also consider if the requesting state has sufficient evidence to form its decision or intention to charge the person the subject of the extradition request, she said.

The judge accepted that it is not permissible to surrender a person to gather that required evidence.

In relation to Mr Campbell’s case the judge said that all that remains before Mr Campbell is charged in Lithuania is ‘a procedural step’.

The authorities in the Baltic Republic have said they are satisfied that the evidence gathered to date by them is sufficient, without the need for gathering further evidence, to charge and try Campbell, the Judge added. 

There was, she said, a high probability that he would be charged and tried following the completion of mandatory preliminary questioning by the Lithuanian authorities.

In a concurring judgement Mr Justice Charleton said that similar pretrial safeguards that exist in Lithuanian law also exist in Irish law.

The system of pre-trial questioning required by Lithuania was similar to mechanisms in Irish law such as an Irish judge’s ability to conduct a preliminary examination as part of the right to trial contained in Article 38 of the Irish Constitution, he said.

Any view that the Lithuanian system differs radically from Ireland’s legal system in relation to the finality of a decision to prosecute was wrong in the context of Section 4E of the 1967 Criminal Procedures Act which allows for an accused to apply to a trial court to dismiss the charges against them, Mr Justice Charleton added.