McMahon v. Leahy and The Governor of Mountjoy Prison

Abstract

Extradition — Political offence — Definition — Offence of escaping from prison — Whether capable of amounting to a political offence — Accused a member of the Irish Republican Army (“IRA”) — Purpose of escape allegedly to rejoin IRA — Estoppel — Failure of State to appeal against decisions relating to the same incident in which political offence exception applied — Principle of equal treatment — Whether Irish Government's action regarding other prisoners who had escaped in same incident had given rise to legitimate expectation on part of accused that he would not be extradited — Speciality — Allegation that accused would be prosecuted or detained for political offence if extradited — The law of Ireland