Kinahan cartel member Sean McGovern to challenge legality of extradition

Eoin Reynolds

Lawyers for Sean McGovern (39), named by US law enforcement as a senior figure in the Kinahan cartel and who is charged with murder and directing a criminal organisation, have raised a concern about the legality of his extradition to Ireland from the United Arab Emirates last week.

Olan Callanan BL, for McGovern, told the three-judge, non-jury Special Criminal Court on Thursday that Michael Staines' solicitor's office will issue a letter to the Director of Public Prosecutions (DPP) imminently, putting them on notice of an application.

Mr Callanan asked the court to set a date for a hearing. He added: "The fundamental concern is the legality, the propriety and the process which surrounded his arrival in Dublin."

On May 29th last, when McGovern arrived in Dublin and was first brought before the court, Mr Callanan said he was reserving his position on the legality of the process and the jurisdiction of the non-jury court.

Sean Gillane SC, for the DPP, told the court that a first book of evidence relating to the charges against McGovern will be ready by the end of July. The DPP will update the court on a second book of evidence at a later date.

McGovern viewed Thursday's proceedings via video-link from prison. He spoke only to confirm that he could hear what was being said.

Ms Justice Karen O'Connor agreed to set a date for hearing McGovern's application on Wednesday, June 18th. McGovern will again appear by video-link rather than in person.

The court set a date in late July for service of the book of evidence.

An Irish Air Corps Casa 295 plane took McGovern from Dubai to Dublin last week, stopping off in Larnaca in Cyprus and Marseille in France to refuel.

He landed at Casement Aerodrome in west Dublin, before gardaí brought him before the Special Criminal Court, where he was charged with five offences.

McGovern (39), with a previous address at Kildare Road, Crumlin, Dublin 12, is charged with the murder of Noel Kirwan on December 22nd, 2016, at St Ronan's Drive, Clondalkin, in Dublin.

He is also charged with directing the activities of a criminal organisation in connection with the same murder between October 20th, 2016, and December 22nd, 2016.

He is charged with directing the activities of a criminal organisation in connection with the surveillance of James Gately in preparation for the commission of an indictable offence between October 17th, 2015, and April 6th, 2017.

Another charge alleges that between October 20th and December 22nd, 2016, he contributed to or participated in activity intending or being reckless as to whether such activity would facilitate a criminal organisation in the murder of Mr Kirwan.

He faces a similar charge of facilitating a criminal organisation in a conspiracy to murder James Gately.