The Supreme Court handed down judgment in the case of Minister for Justice Equality and Law Reform v Stankiewicz [2009] IESC 79 on 1st December 2009. The case concerned an appeal against the decision of the High Court that the appellant (at Supreme Court stage) was to be handed over to the Republic of Poland pursuant to a European Arrest Warrant (“EAW”).

The appellant had received a suspended sentence in relation to two offences committed in Poland in 2001, and had subsequently been convicted of a further offence in 2004. This subsequent conviction had led the Polish authorities to lift the suspension of the 2001 sentence and seek the appellant’s return from Ireland, the appellant having moved there in 2005.

The Supreme Court stated that the main issue to be decided was whether the appellant could have been considered to have “fled” Poland for the purposes of the European Arrest Warrant Act 2003 (“2003 Act”). To determine this, the Supreme Court would have to bear in mind the amendments of the 2003 Act by the Criminal Justice (Terrorist Offences) Act 2005 No 2 of 2005 and the relevant case law.

Considering the parties’ submissions and the leading case of Minister for Justice, Equality and Law Reform v Tobin [2008] 4 IR 42, the Supreme Court found that the Tobin case was to be distinguished on that case’s special facts. The Supreme Court considered and concurred with comments in the subsequent case of Minister for Justice, Equality and Law Reform v Sliczynski [2008] IESC 73 and therefore dismissed the appeal.