Convicted murderer Declan ‘Whacker’ Duffy has appealed to the High Court against the Justice Secretary’s refusal to allow his return to Ireland where he can serve the rest of his sentence.
uffy is currently serving a life sentence for the 1992 murder of a British army sergeant outside a recruitment office in Derby, England while he was a member of the republican paramilitary group the Irish National Liberation Army (INLA). He is currently being held at Maghaberry Prison in Lisburn.
He was extradited from that jurisdiction to the UK in 2020.
Represented by Michael Lynn SC, Mark Lynam BL and solicitor Ciaran Mulholland, Duffy has brought a judicial review action in the High Court against the Minister’s decision rejecting his application for repatriation under the Transfer of Prisons Act 1995.
In his lawsuit he wants the High Court to set aside that decision.
Alternatively, he is seeking an injunction requiring the Minister to give reasonable grounds for refusing to allow him to be transferred to a prison south of the border.
The request for permission to bring his challenge was mentioned shortly before the High Court on Monday, when Mr Justice Mark Heslin gave Duffy’s lawyers permission to officially bring the proposed lawsuit against the minister.
The judge’s permission was required because Duffy’s attorneys were having difficulty gaining access to their client to complete an affidavit to support his request for judicial review.
Duffy, 47, whose last address is Hanover Street West in Dublin, was sentenced to life imprisonment for the 1992 murder of British army sergeant Michael Newman in Derby City, but was released on license by a Northern Ireland parole board in March 2013.
He was arrested by Gardaí in December 2015 and later sentenced to six years by the Special Criminal Court for falsely detaining Martin Byrne on 9 June 2015 in Rathcoole/Saggart, Co. Dublin.
Following this conviction, on 6 June 2016, the Under-Secretary for Northern Ireland revoked Mr Duffy’s license and recalled him to prison.
A European Arrest Warrant (EAH) was issued against his arrest. Duffy’s extradition was stayed while he served his sentence for false imprisonment.
The High Court ordered his extradition to the UK in 2020 after he refused his request to remain in that jurisdiction and serve his sentence on humanitarian grounds.
https://www.independent.ie/irish-news/courts/killer-declan-whacker-duffy-takes-high-court-challenge-over-ministers-refusal-to-allow-him-be-transferred-to-prison-in-republic-42018015.html Murderer Declan ‘Whacker’ Duffy is suing the High Court over the minister’s refusal to transfer him to Republic prison