The European courts have been asked to decide if the extradition of a Co Cork man in connection with an MI5-led sting targeting the New IRA is compatible with a post Brexit trade agreement and EU law.
Seán Walsh (56) is wanted by police in the north in relation to a major MI5-led surveillance operation known as Operation Arbacia.
The sting focused on two meetings alleged to involve senior members of the New IRA in Co Tyrone, in 2020.
The meetings, which are alleged to have been held at two properties in Co Tyrone, were recorded using listening devices and cameras.
Ten people were subsequently charged with a series of offences arising out of the surveillance operation, including nine with directing terrorism.
The operation is believed to have been set up by suspected MI5 agent Dennis McFadden.
The PSNI is seeking Mr Walsh’s extradition to answer charges of IRA membership and he is currently being held at Portaloise Prison.
His case, which he is being heard Supreme Court in Dublin, has now been referred to the Court of Justice of the European Union (CJEU) for the second time in recent months.
The CJEU, which is based in Luxembourg, ensures European law is interpreted and applied the same in every EU country.
A central issue hinges on whether changes to the British justice system’s prison release conditions constitute a retroactive increase in penalty.
In recent years there has been a shift from automatic release at 50 percent of time served to conditional release at 66 percent.
Mr Walsh’s legal team say it is anticipated that any CJEU hearing will also decide if recent “amendments by the UK in their terrorist legislation since Brexit is compatible with the spirit of the Trade and Cooperation Agreement”.
The EU-UK Trade and Cooperation Agreement sets out “preferential arrangements” over a range of issues including “law enforcement and judicial cooperation in criminal matters”
Mr Walsh’s solicitor Ciarán Mulholland, of Mulholland Law, said: “In a usual development this will be the second occasion in recent months the Irish Courts have sought clarification on a point of EU law from Luxembourg arising from an extradition request by the UK of an Irish Citizen for alleged involvement in republican activities in the north,” he said.
Mr Mulholland said the judgment “will in due course have significant implications through Europe”.
Meanwhile, a spokesman for hardline republican party Saoradh has called for Mr Walsh to be released.
“The fact that this is now the second time the case has been referred to the European courts shows that there is clearly no legally binding agreement in place allowing for Seán’s extradition,” he said.
