Extradition from Ireland to the United States—Joe Byrne

Following a nine-year investigation, Joseph Byrne, “who was allegedly involved in setting up robberies in Ireland,” has been arrested in New York after the United States “received an extradition request from the Irish Department of Foreign Affairs.”^[1]

Mr. Byrne is the “son of retired Sergeant Thomas Byrne,” and “is suspected of being one of three men who robbed the Ready Penny Inn on the Ardee Road in Dundalk, [Ireland] in March 1997.”^[2] He is also wanted for a burglary in Louth, Ireland in November 1996, “in which 9,000 pounds in life savings belonging to an elderly customer of the Ready Penny Inn were stolen.”^[3] Mr. Byrne worked as a bouncer at the Ready Penny Inn, and is believed to have “acted as a spotter for two other men,” allegedly gathering information about the pub’s cash flow before the robbery, “in which the raiders tied up the teenage daughter of the former bar owner, Larry Sweeney.”^[4]

Extradition between the United States and Ireland is conducted on a dual-criminality basis.^[5] Even if Mr. Byrne did not directly commit the thefts, the extradition treaty allows for the extradition of conspirators, and those who aid, abet, counsel, procure, incite, or otherwise act as an accessory to the commission of the offense.^[6]

One potential sticking point is the fact that so much time has lapsed between the offenses and the extradition request. Depending on what the statute of limitations on the crimes are in Ireland, there could be a potential defense to extradition based on lapse of time considerations. This is because, unlike some other modern extradition treaties—such as the one between the United States and Barbados^[7]—there is no such provision in the US-Ireland extradition treaty. However, some other treaties concluded at the same time as the US-Ireland treaty, such as that between the United States and Italy, extradition is explicitly barred when a statute of limitations has run.^[8]

It will be up to the court to determine what action to take when the treaty is silent on the issue.

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[1] Sean O’Driscoll, Irish Cop’s Son Nabbed in NY, Irish Voice, Aug. 10, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Extradition Treaty, Jul. 13, 1983, U.S.-Ir., art. II, para. 1, S. Treaty Doc. No. 98-19.
[6] Id. art. II, para. 3.
[7] Extradition Treaty, Feb. 28, 1996, U.S.-Barb., art. 8, S. Treaty Doc. No. 105-20.
[8] Extradition Treaty, Oct. 13, 1983, U.S.-It., art. VIII, S. Treaty Doc. No. 98-20.