A man facing extradition to Germany over an aggravated robbery he allegedly committed nearly 30 years ago has claimed: “My life has been ruined."
Liam Patrick Daly (50), who we tracked down in Co Wexford, was this week ordered by the High Court in Dublin to be extradited to Germany - where he’s wanted over allegedly trying to strike a man with a wooden chair leg and commit robbery in a Berlin takeaway in 1994.
But approached by us following the ruling this week, Mr Daly said he can’t fight extradition anymore - and claimed that his life had been ruined over the whole ordeal.
“I can’t (fight it anymore). I’ve been fighting it,” he told us. My life has been ruined over this. I lost my life in England and everything.”
On Monday Mr Daly’s Defence barrister Willie Hughes BL argued that it would be “unjust and oppressive” to extradite him for what they termed a “stupid act” by a “very drunk man in a takeaway in 1994,” adding that he was incapable of actually carrying out the alleged offence.
However Mr Justice Kerida Naidoo ruled that Daly, who had been living in Birmingham for years, must be surrendered to the German police - but granted him until July to get his affairs in order here.
The judge said that Daly, who did not wish to speak to us any further this week, had been “a major contributor to the delay” in bringing him before the courts to face the charge.
Daly had objected to the extradition due to the length of time that had passed.
It is alleged that on February 18, 1994, Daly went into a snack bar at Uhlandstrasse in Berlin armed with a wooden chair leg and tried to strike a man and steal money.
The alleged robbery failed however as the man was able to defend himself and took the chair leg off his assailant.
Daly was arrested and questioned at the time and during his detention is alleged to have made admissions -saying that he had a mask on his head and a chair leg in his hand but only wanted to scare the other man.
He allegedly said that he drank beer beforehand and wanted money. He was detained for three days and then released after giving his fiancée’s address.
However in the High Court case in Dublin on Monday, Mr Justice Naidoo said that Daly couldn’t have not believed that the German authorities were not going to pursue a prosecution against him.
The court heard how Daly said his passport was later examined by the German police, and he was not told he had to answer the charges and continued to live in Germany.
The Dublin-born man claimed that this “lulled” him into believing there were no proceedings against him.
An attempt was made to serve a warrant on him in March, 1994, but this was unsuccessful as he had left his residence, and in March, 1996, an international search was initiated.
Daly was then discovered to be living in England - and he was subsequently arrested there in February of 2003.
There, a case was heard by a court of appeal, which found in his favour and refused his extradition.
At the time the court ruled that it would have been unfair to return him to Germany as he was unlikely to face a fair trial given the delay.
However in his ruling on Monday, Mr Justice Naidoo found that Daly contributed to the delay itself.
“The court is entitled to have regard as to how his behaviour contributed to the delay,” he said, adding “the respondent has been a major contributor to the delay.”
“His conduct did contribute to the delay, as had he made any inquiries into the matter, it would have been dealt with, so he bears a significant part of the responsibility for it,” he said.
Mr Justice Naidoo also rejected Daly’s claim that the alleged offence was at the lower end of the scale, telling the court:
“I am not convinced it is minor as the complainant had to defend himself and disarm him, and this is not in the respondent's favour.
The High Court heard that Daly’s mother, who lives in Ireland, had been diagnosed with cancer - and he argued that his extradition to Germany would have an adverse affect on his family.
However Mr Justice Naidoo said he was not satisfied that his surrender would be an abuse of process.
"I do not accept that he could reasonably believe that they had abandoned the prosecution,” he said.
He made an order for the surrender of the respondent to the Federal Republic of Germany but agreed to postpone this to allow the respondent to facilitate the care of his mother.
“Having waited 27 years, they can wait another few months,” he said. The judge made an order for his surrender and postponed this to July 24.
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