The man has brought a High Court challenge requiring the DPP to consider prosecuting him in Ireland rather than in the US.
A 79-YEAR-OLD Irish citizen wanted in the United States on various child sex charges claims consideration should be given to him being prosecuted in Ireland for the alleged offences.
The man, who is currently on remand at a prison in Ireland on foot of the US extradition request, has brought a High Court challenge requiring the DPP to consider prosecuting him in Ireland rather than in the US.
The US authorities seek his extradition so he can be prosecuted for four offences which are the alleged the sexual exploitation of a child, the alleged transportation of a minor with intent to engage in sexual activity, and two allegations of possession of child pornography.
As the matters are offences under Irish as well as US law the man has asked the DPP to consider prosecuting him in Ireland.
He was informed by the DPP that the director has not received a file from the gardaí concerning the offences and was not considering bring proceedings.
His lawyers have asked the Chief State Solicitors Office (CSSO) to obtain documentation relating to the allegations from the US authorities.
His lawyers were informed it is neither the CSSO nor the Attorney General’s role to investigate or bring about his prosecution in Ireland.
He claims that under fair procedures he is entitled to have a fair and impartial consideration of his case, and where appropriate to be prosecuted in this State.
The court heard the 79-year-old was previously extradited from the US to Ireland and has completed a prison sentence here.
In his action against the DPP, Ireland and the Attorney General, the man represented by Kieran Kelly Bl, instructed by Cahir O’Higgins solicitors seeks orders including that consideration is given to him being prosecuted in Ireland.
He also seeks a declaration that he is entitled to have consideration being given to the prospect of him being prosecuted in Ireland for the alleged offences, which he says are offences under Irish and US law.
He further seeks to have a stay placed on extradition proceedings pending the determination of his High Court challenge.
Permission to bring the challenge was granted on an ex parte basis, Justice Seamus Noonan.