Ciaran Tobin's extradition trial continues

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Byline: Sandra Murphy


THE State was yesterday accused of trying to legally ambush a Dublin businessman who is wanted in Hungary for mowing down two children.
Ciaran Tobin was convicted of negligent driving after killing a boy and his baby sister in Budapest in April 2000.
There was public outrage when the High Court refused to extradite him three years ago, but Hungarian authorities are taking a fresh challenge.
David Keane SC, for Mr Tobin, told the High Court yesterday that the behaviour of gardai and the State in arresting his client reminded him of secret laws used in Soviet Russia.
Mr Tobin, 46, was working for Irish Life in Budapest in April 9, 2000 when his Volvo S 40 crashed on Moricz Zsigmund Street in the village of Leanyfalu.
After overtaking at a speed of up to 80kph, he mounted the pavement and struck four-year-old Marton Zoltai and his sister Petra, aged two, who was in a pram. The children of Petra and Marton Zoltai were killed instantly.
Mr Tobin faces three years in jail if extradited under a new arrest warrant. His wife gripped his hand in court as his lawyers argued that his arrest last November was illegal.
At the time, the Criminal Justice (Miscellaneous Provisions) Act 2009 had been enacted on November 4 to amend the law on extradition. But when the senior manager with Irish Life was arrested for the second time six days later, the statute had not yet been made public, his barrister Mr Keane claimed Justice Minister Dermot Ahern, to breach Mr Tobin's rights to freedom and family life.
'The fact remains that this warrant was made pursuant to an Act that was not available to the public at the time. The minister very significantly and distinctly restricted the liberty of my client, using an unpublished statute. And in the circumstances, the warrant was not executed.' Mr Keane said the High Court judge who approved the warrant had no legal power to do so.
'Laws must be accessible - that is a preamble to the rule of law. There was no copy available at that stage and nobody but the minister had access to it. No one at the time had conception of the law but the minister, and the fundamental part of the Constitution in all countries is the rule of law.' In 2007, a request by the Hungarian authorities for Mr Tobin's extradition was refused.
The High Court found Mr Tobin's departure from Hungary could not be defined as 'fleeing'. It accepted Mr Tobin's argument that he and his family left Hungary on November 30, 2000, following the completion of work, and this was upheld in the Supreme Court in 2008.
Since then, there was a change to the law contained in the 2009 Criminal Justice Act.
A fresh European Arrest Warrant seeking Mr Tobin's arrest was issued by the Hungarian authorities.
But his legal team voiced concern that it differed greatly from the previous one that expressly stated he would be freed after 18 months.
Maurice Collins SC, for the State, told the judge that the Hungarian authorities had confirmed overnight that a parole board judge would have discretion to limit the term.
Mr Keane said the previous position adopted had misled the courts and that the ambiguity infringed Mr Tobin's right to family life.
Mr Justice Michael Peart has heard that Mr Tobin has been vilified in Hungary and has received a death threat.
Mr Tobin of Offington Drive, Sutton, Dublin, expressed concern for his safety that has been threatened.
In his affidavit, the High Court heard that he had tried to build a new life since the last court case.
The case continues today.
sandra.murphy@dailymail.ie

CAPTION(S):
Parents: Agnes and Bence
Support: Ciaran Tobin and his wife Carol walk towards the High Court yesterday
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