Court of Appeal permits ‘leapfrog’ appeal in Artur Celmer extradition case

Court of Appeal permits 'leapfrog' appeal in Artur Celmer extradition case

Ciarán Mulholland

The Court of Appeal has permitted the “leapfrog” appeal of a man sought by Polish authorities under a European Arrest Warrant.

Ms Justice Aileen Donnelly ordered the surrender of Artur Celmer to Poland last month following a referral to the Court of Justice of the European Union (CJEU).

Solicitor Ciarán Mulholland of Fahy Bambury Solicitors, representing Mr Celmer, has lodged a petition with the Supreme Court and is awaiting its determination.

Mr Mulholland said: “Whilst I am disappointed with the Judgment delivered by Ms Justice Donnelly last month, I believe the fact that Mr Celmer’s appeal has not only been permitted by the High Court but also approved by the Court of Appeal to appeal directly to the Supreme Court is testament to the exceptional public importance surrounding the Human Rights issues within this case.”

He added: “I have always expressed concerns for Mr Celmer’s safety should he be returned to Poland – I have no confidence that Mr Celmer will receive a fair and impartial trial in circumstances where his presumption of innocence has been clearly undermined; judicial reform has eroded the rule of law and ultra-right populist politics has transformed this case into a political football.

“That in my view, should reasonably justify a refusal to surrender. The right to a fair trial pursuant to article 6 of the ECHR is a fundamental right and I believe there is sufficient risks that demonstrate that this could be seriously breached should my client be surrendered to the Polish authorities.

“I remain steadfast in protecting my client’s interests given the overwhelming evidence that emanated throughout these initial proceedings and the ruling of the CJEU Grand Chamber in Luxembourg. I hope that the Supreme Court will grant leave and hear this appeal expeditiously.”

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