Man extradited to the US, why wasnt he charges here?

sexmag

https://m.independent.ie/irish-news/courts/man-accused-of-being-the-worlds-biggest-facilitator-of-child-porn-extradited-to-us-37943950.html

I was following this story for a while and now that he has been extradited I wanted to ask a question.

Why wasnt her charged and tried with these offences in this country as this is where he committed them?

sexmag

Upon further investigating it was an Irish act "Child Trafficking and Pornography Act that was used to obtain the warrant to search his residence, one would believe the Irish authority's should have charged him on this?

One eyed Jack

sexmag wrote: »

Upon further investigating it was an Irish act "Child Trafficking and Pornography Act that was used to obtain the warrant to search his residence, one would believe the Irish authority's should have charged him on this?

From my reading of it here -

Child porn accused fails to block US extradition

It simply appears the DPP chose not to pursue a prosecution in this case, and it was up to the Minister then to to oppose a request for his extradition. Effectively it was out of the DPPs hands at that stage -

Mr Marques, of Mountjoy Square, Dublin, has been in custody since his arrest in August 2013 after being refused bail over concerns, including that he represented a flight risk and may interfere with evidence.

Last year, the Supreme Court agreed to hear Mr Marques' appeal on the basis that it raised points of law that were of public significance.

The appeal centred around the Director of Public Prosecutions' decision not to prosecute him in Ireland for the same alleged offences that the US authorities want to prosecute him for.

His lawyers asked the Supreme Court whether the Minister for Justice was under an obligation to seek reasons from the DPP as to why Mr Marques was not being prosecuted in Ireland for the alleged offences. The court was also asked if the reasons given by the minister in making the decision to extradite Mr Marques were adequate.

The State, represented by Ronan Kennedy BL, had argued that the appeal be dismissed.

Giving the court's decision, Mr Justice Peter Charleton said that Justice Minister Charlie Flanagan "was not under an obligation to seek reasons from the DPP as to why a suspect is not being prosecuted in Ireland".

The minister, who under the 1965 Extradition Act can refuse to order a suspect's extradition, has a separate function from the DPP.

Mr Justice Charleton said the reasons given by the minister in the circumstances of this case not to seek reasons from the DPP were adequate, the judge added.

Mr Justice William McKechnie, Mr Justice John McMenamin, Ms Justice Iseult O'Malley and Ms Justice Mary Finlay Geoghegan concurred with Mr Justice Charleton's decision.

The court lifted the stay on the extradition order made by the lower courts, clearing the way for Mr Marques' surrender to the US authorities.

sexmag

One eyed Jack wrote: »

From my reading of it here -

Child porn accused fails to block US extradition

It simply appears the DPP chose not to pursue a prosecution in this case, and it was up to the Minister then to to oppose a request for his extradition. Effectively it was out of the DPPs hands at that stage -

So they literally just washed their hands of it and let the Americans do it?

One eyed Jack

sexmag wrote: »

So they literally just washed their hands of it and let the Americans do it?

It does appear that way alright. Sounds like the American authorities had their eye on him first though, ironically enough for what the accused is alleged to have been doing. It turns out bigger brother was watching him.

CIARAN_BOYLE

sexmag wrote: »

https://m.independent.ie/irish-news/courts/man-accused-of-being-the-worlds-biggest-facilitator-of-child-porn-extradited-to-us-37943950.html

I was following this story for a while and now that he has been extradited I wanted to ask a question.

Why wasnt her charged and tried with these offences in this country as this is where he committed them?

I'm presuming that the dpp chose not to prosecute as a lot of the evidence is in America (servers etc) and the admissibility of the evidence could be challenged in our courts. If found not guilty he could not be subsequently extradited.

A second factor is that the punishment is much harsher in America for these offenses. I would suspect that the non prosecution will lead to a revision in this regard. Irish punishment 14 years, reduced for pleading guilty and reduced for good behaviour compared to 30 years in America and consecutive sentencing.

Edgware

Better doing 20 years there than 20 hours community service here

Odyssey 2005

sexmag wrote: »

So they literally just washed their hands of it and let the Americans do it?

Wheres the problem?. They won't give the bastard a suspended sentence.!

Yurt2

Given the seriousness of the charges, one would have thought the DPP was obliged to prosecute him (are the DPP legally not obliged to prosecute if it is a credible case?). Odd decision from the Irish courts.

He'll get a far stronger sentence in the States in any case you'd have to presume.

Edit: Answered by Ciaran Boyle above. Makes sense.

devlinio

He was born in New York tbf. I wonder if it would of been different if he wasn't.

Credit Checker Moose

Odyssey 2005 wrote: »

Wheres the problem?. They won't give the bastard a suspended sentence.!

So forget about due process? The right to a fair trial and the presumption of innocence?

coylemj

CIARAN_BOYLE wrote: »

I'm presuming that the dpp chose not to prosecute as a lot of the evidence is in America (servers etc) and the admissibility of the evidence could be challenged in our courts. If found not guilty he could not be subsequently extradited.

+1 His offer to plead guilty if charged here was clarly a tactic to forestall extradition. Following which he would have changed his plea to 'not guilty' during the arraignment and his lawyers (paid for from his very fat bank accounts) would have challenged the admissibility of every single piece of the evidence. And he would have walked free.

CIARAN_BOYLE wrote: »

A second factor is that the punishment is much harsher in America for these offenses. I would suspect that the non prosecution will lead to a revision in this regard. Irish punishment 14 years, reduced for pleading guilty and reduced for good behaviour compared to 30 years in America and consecutive sentencing.

I doubt that was a factor in the Irish authorities deciding to not prosecute him here. It would smack of 'a la carte' justice and would have been grounds for refusing the extradition.

Charles Ingles

FBI wanted him.
I'm sure they need to convict him in the States to convict all his filthy coconspirators

Charles Ingles

Charles Ingles wrote: »

FBI wanted him.
I'm sure they need to convict him in the States to convict all his filthy coconspirators

And the dirtbird will get a much longer Sentence in America

Odyssey 2005

Credit Checker Moose wrote: »

So forget about due process? The right to a fair trial and the presumption of innocence?

Who's forgetting about due process? He will get due process in America.
Last time I checked you are presumed innocent until proven otherwise over there too.

judeboy101

If he went out and murdered someone on the streets would the app have ignored it as well? If not he shuda tried it. Or admitted to a number of unsolved murders.

coylemj

judeboy101 wrote: »

If he went out and murdered someone on the streets would the app have ignored it as well? If not he shuda tried it. Or admitted to a number of unsolved murders.

I think he's been in custody since the original extradition request. Some issue about large bank transfers to Romania and him being a flight risk.

So limited opportunities for extramural crimes.

Eric Cartman

the guy rented out servers , similar to the guy extradited for being a sysadmin for the silk road, this is completely blown out of proportion.

I absolutely abhor the content that was on those servers, but it seems like this guy is just the soft target and they'd rather target him than actually pursue the people abusing children.

This is one case where the irish soft touch legal system might have been the better option.

judeboy101

coylemj wrote: »

I think he's been in custody since the original extradition request. Some issue about large bank transfers to Romania and him being a flight risk.

So limited opportunities for extramural crimes.

Shank a guard, inmate or prison officer.

sexmag

Eric Cartman wrote: »

the guy rented out servers , similar to the guy extradited for being a sysadmin for the silk road, this is completely blown out of proportion.

I absolutely abhor the content that was on those servers, but it seems like this guy is just the soft target and they'd rather target him than actually pursue the people abusing children.

This is one case where the irish soft touch legal system might have been the better option.

Going by the RTE report he was administrator on one site that he knowingly knew was full of child abuse etc so he isn't a soft target, also he registered companies yet paid no tax on them