{"id":793154,"date":"2026-05-01T01:56:02","date_gmt":"2026-04-30T23:56:02","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/mccarthy-v-republic-of-ireland-2\/"},"modified":"2026-05-01T01:56:02","modified_gmt":"2026-04-30T23:56:02","slug":"mccarthy-v-republic-of-ireland-2","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/ru\/jurisprudences\/mccarthy-v-republic-of-ireland-2\/","title":{"rendered":"McCarthy v Republic of Ireland"},"content":{"rendered":"
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MR JUSTICE CHOUDHURY: 1 This is an\u00a0application for bail brought by Mr\u00a0McCarthy. Mr\u00a0McCarthy is subject to a\u00a0European Arrest Warrant issued on 15\u00a0January\u00a02018, certified by the National Crime Agency on 19\u00a0January 2018. 2 The background to the matter is as follows: Mr\u00a0McCarthy is an\u00a0Irish national. He is accused of committing a\u00a0sexual assault in Tralee on 21\u00a0October\u00a02009. The circumstances of the alleged offence are that he had followed a\u00a0young woman walking home from a\u00a0nightclub. The woman knew Mr\u00a0McCarthy by the name of Paddy. She told him to go away. He ignored her and continued following her. The woman thought that she was about to be hit. Whilst walking backwards, she tripped over and fell down. Mr\u00a0McCarthy is then accused of assaulting her whilst pulling her up from the ground, restraining her with one arm and indecently assaulting her by putting his other arm inside her top and inside her pants. The victim managed to get away and reported the matter to the police. 3 Mr\u00a0McCarthy was arrested a\u00a0couple of days later on suspicion of sexually assaulting the victim. He was charged and bailed, but he then failed to attend the circuit court in contravention of his bail conditions and a\u00a0warrant was issued for his arrest on 3\u00a0November 2010. A\u00a0number of attempts were made to locate Mr\u00a0McCarthy within the jurisdiction but these were unsuccessful. 4 It appears that Mr\u00a0McCarthy left the jurisdiction at that stage knowing that he was subject to criminal proceedings. However, he contends that he did not seek to hide from the authorities at any time and was living openly. In support of that contention, it is submitted on his behalf that he has lived in this country for many years with his wife, Ms\u00a0Quilligan, to whom he has been married for 14\u00a0years. He has lived in the UK apparently with Ms Quilligan since 2010. His family, including his mother, also live here on a\u00a0permanent basis. 5 Mr\u00a0McCarthy has a\u00a0long history of offending even before the 2009 accusation, and he continued to offend after his arrival in the UK. His antecedents include convictions for failing to surrender to custody at the appointed time and a\u00a0series of less serious offences in recent years. However, there was a\u00a0conviction for voyeurism in late 2017, for which he was given a\u00a0suspended sentence of 12 weeks. I\u00a0am told that the circumstances of that offence involved him accidentally stumbling upon a\u00a0lady who was changing in a\u00a0private cubicle whilst he was in a\u00a0unisex changing room. It seems that he has been complying with the conditions imposed as a\u00a0result of the suspended sentence since then. These include a\u00a0drug rehabilitation requirement, a\u00a0rehabilitation activity requirement and regular attendance at probation. 6 A further development of note is the medical condition of Ms\u00a0Quilligan. Ms\u00a0Quilligan went back to Ireland over Christmas 2017. Unfortunately, whilst there, she suffered a\u00a0collapsed lung and, as a\u00a0result, fell into a\u00a0coma. She remained in intensive care for 52 days, finally being discharged from hospital on 13 March 2018. She returned to the UK to her home in Dagenham (which she shares with Mr McCarthy) on 21\u00a0March. I\u00a0am told that she requires 24-hour care. She is also undergoing long-term home oxygen therapy and is wheelchair-bound. The medical notes record that she requires high levels of assistance. She is unable to go to hospital unless somebody can help her, and her complex health condition makes it difficult for her to get around. She has managed to attend court this morning with, I\u00a0am told, assistance. 7 The applicant was arrested on 28\u00a0February\u00a02018 whilst reporting at Romford probation office. Upon being told that he was being arrested under a\u00a0European Arrest Warrant relating to a\u00a0sexual assault in 2009, he replied that, \u201cThis is old, and yes I\u00a0know about it\u201d. His passport was seized on that occasion. 8 Applications for bail made on 1\u00a0March and 16\u00a0March were refused. The reasons for this were that there had been past failures to surrender, that he was a\u00a0fugitive from justice and that the conditions offered were not sufficient to secure his attendance. 9 Section\u00a022(1)(a) of the Criminal Justice Act 1967 provides that where the magistrates\u2019 court withholds bail in extradition proceedings, the High Court may grant bail or vary the conditions. It is under that provision that the applicant seeks bail before me today. 10 Ms\u00a0O\u2019Raghallaigh submits that bail should be granted for the following reasons. The serious medical condition of Ms\u00a0Quilligan undermines any suggestion that Mr\u00a0McCarthy might abscond or fail to surrender. She is in need of his assistance and he is anxious to look after her. There is a\u00a0security put forward now of \u00a39,000. This comprises Mrs\u00a0McCarthy\u2019s life savings. There has been reference to a\u00a0deposit book which suggests that \u00a39,000 security would comprise almost the entire amount held on deposit. Furthermore, there is an\u00a0undertaking that Mrs\u00a0McCarthy would move from Hounslow to the address in Dagenham in order to ensure that Mr\u00a0McCarthy reports to police and complies with any electronic curfew. Whilst it is accepted that there is a\u00a0record of offending, it is submitted that they do not show a\u00a0strong record of failing to comply. The failure to attend offences are, it is said, fairly old, dating back some nine or ten\u00a0years. The offences committed on bail, most recently in 2012, were also fairly historic, it is said. Reliance is also placed upon Mr\u00a0McCarthy\u2019s compliance with current probation conditions; indeed, it was whilst reporting to probation that he was arrested. There is also reference to Mr\u00a0McCarthy\u2019s own fragile state of mind whilst in prison. 11 Miss\u00a0Pottle, who appears for the Judicial Authority, objects to bail being granted. She says that he is a\u00a0fugitive from justice, having sought to evade the jurisdiction of the Irish authorities. He failed to surrender to bail there in 2010. There is a\u00a0long history of offending, clearly a failure to report, and offences committed on bail, and there are, for those reasons, serious grounds to believe that he would fail to surrender to custody. 12 The question for me is whether there are substantial grounds for believing that Mr\u00a0McCarthy would fail to surrender if released on bail. I\u00a0am satisfied that in the circumstances of this case, which are quite unusual, the conditions of bail are such that the court may be satisfied Mr\u00a0McCarthy would surrender to custody. In particular, the current and recent health developments in respect of Ms\u00a0Quilligan provide a very strong incentive for Mr\u00a0McCarthy to comply. These conditions, I\u00a0am told, are not long-standing. It is not the case that Mr\u00a0McCarthy has committed numerous offences whilst being required to take care of his wife. The need to take care of his wife has arisen very recently. Those needs are, according to the medical evidence, very great indeed. I\u00a0note what is said by Miss\u00a0Pottle that, should I\u00a0be satisfied that there are substantial grounds for believing that he would not comply, the personal circumstances or the personal impact on Ms\u00a0Quilligan are not relevant. I\u00a0accept that, but it is also relevant, as she has very fairly pointed out, that those circumstances may be relevant to a consideration of Mr\u00a0McCarthy\u2019s own incentive to comply. Given the close relationship, the long marriage of 14\u00a0years and residence in the same home, it seems to me that there is no reason to suppose that Mr\u00a0McCarthy is not inclined to want to support his wife during these difficult times, and that, to my mind, does provide a\u00a0strong incentive for him to comply with conditions that may be imposed. 13 I\u00a0do, of course, bear in mind that Mr\u00a0McCarthy has a\u00a0sorry record of offending, including failures to report to custody and committing offences whilst on bail. However, those do date back a\u00a0number of years. They are not recent, and they are not against the background of the strong incentive to comply which he now has. I\u00a0do bear in mind, of course, that the offence with which he is charged is a\u00a0serious one which carries a\u00a0maximum sentence of up to ten\u00a0years, and that, of course, may provide some sort of incentive to abscond, as it is a considerably more serious offence than those which he has been convicted of to date. However, it seems to me that in the unusual circumstances of this case, the court can be satisfied that stringent conditions such as those suggested at para.47 of the applicant\u2019s submissions would suffice in the circumstances to secure his attendance. I\u00a0also note that the date for the extradition hearing has been set for the end of this month. That is not a\u00a0particularly long period, and the extensive conditions which are suggested, and which I\u00a0shall impose, suffice to ensure his attendance at the end of this month. 14 The conditions which will be imposed are as follows: 14.1. that Mr\u00a0McCarthy continues to reside at the address set out in the order; 14.2. that Ms\u00a0Quilligan also resides at that address; 14.3. that he be subject to electronically monitored curfew between midnight and 7\u00a0am; 14.4. that he be subject to a\u00a0police doorstep condition; 14.5. that he reports to Dagenham police station every day between 7 and 9\u00a0pm; 14.6. that he is not to be in possession of any travel documents; 14.7. that he is not to apply for any international travel documents or to leave England and Wales; 14.8. that security should be provided prior to release of \u00a39,000; and 14.9. that his mobile phone remain on and fully charged 24\u00a0hours each day; 15 Should these conditions be met, then Mr\u00a0McCarthy may be released on bail. 16 I note that I have also taken into account the following undertakings although of course these are not conditions of bail: The court has received an\u00a0undertaking from Mrs\u00a0McCarthy about moving in to the Dagenham address and from Ms\u00a0Quilligan and Mrs\u00a0McCarthy to surrender their passports to the police.<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

MR JUSTICE CHOUDHURY: 1 This is an application for bail brought by Mr McCarthy. Mr McCarthy is subject to a European Arrest Warrant issued on 15 January 2018, certified by the National Crime Agency on 19 January 2018. 2 The background to the matter is as follows: Mr McCarthy is an Irish national. He is accused of committing a sexual…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7649],"kji_chamber":[],"kji_year":[47917],"kji_subject":[7650],"kji_keyword":[7706,9152,50752,10855,50751],"kji_language":[7611],"class_list":["post-793154","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-high-court-administrative-court","kji_year-47917","kji_subject-administratif","kji_keyword-conditions","kji_keyword-mccarthy","kji_keyword-quilligan","kji_keyword-surrender","kji_keyword-whilst","kji_language-anglais"],"yoast_head":"\nMcCarthy v Republic of Ireland - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/ru\/jurisprudences\/mccarthy-v-republic-of-ireland-2\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"McCarthy v Republic of Ireland\" \/>\n<meta property=\"og:description\" content=\"MR JUSTICE CHOUDHURY: 1 This is an application for bail brought by Mr McCarthy. 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