Liam Adams has told the Irish News that he will not hand himself over to the PSNI. In so refusing Liam Dominic Adams now leaves the PSNI with no choice but to seek to have issued a European Arrest Warrant. This warrant will allow the Gardai to arrest Liam Adams and bring him before the District Court to seek to have him returned to the North to face allegations of child rape and abuse. The Question that must now be asked is whether Liam Adams can fight such an extradition warrant and if he does fight that warrant can he be successful?
Grounds for refusal: The surrender of the person can be refused on several grounds (see Arts. 3 and 4 of the Framework Decision) among which:
The "ne bis in idem" or double jeopardy principle. This means that the person will not be returned to the country that issued the arrest warrant if he or she has already been tried for the same offence.
Amnesty: A Member State can refuse to return a person if an amnesty covers the offence in its national legislation. A great moral dilema awaits here as Liam Adams was convicted of IRA membership during the years of the alleged sexual abuse of his daughter, could he benifit from the Good Friday Agreement, this question remains to be answered when child killers such as Sean Kelly have been released under the terms of the GFA.
Statutory limitation: A Member State can refuse to return a person if the offence is statute barred according to its law (which means that the time limit has been passed and that it is too late under that country's law to prosecute the person).
The age of the person: A Member State can also refuse to return a person who is a minor and has not reached the age of criminal responsibility under its national laws.
It is also possible for a Member State to execute directly the sentence decided in another Member State instead of surrendering the person to that Member State.
Retrial: If a person has been tried in their absence they are entitled to be retried upon their return to that jurisdiction. Again Liam Adam's argument about not being able to get a fair trial may well be struck down here.
Liam Adam's will most likely seek an Order of Prohibition in the Dublin High Court when he is arrested, he will argue that he will not get a fair trial due to pre-trial publicity but that will cut no ice in the High Court where many high profile cases have been sent forward with a simple warning to the jury to disregard any publicity.
That all leaves us with a real prospect of seeing Liam Adams in the Dock in Belfast before the end of 2010 with his brother Sinn Fein President Gerry Adams as a witness for the Crown against his brother. Liam may also opt to be tried in the Republic, however, he will find little favour with a judge and jury in Dublin who are all to aware of what has occured in this country over many decades.
