Jonah Horne and United States of America (No.3)
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 29 April 2021 |
| Neutral Citation | [2021] NIQB 67 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 29 April 2021 |
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Neutral Citation No: [2021] NIQB 67
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11490
ICOS No
Delivered: 29/04/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
IN THE MATTER OF AN APPLICATION UNDER THE
EXTRADITION ACT 2003
_________
BETWEEN:
JONAH HORNE
Appellant;
-and-
UNITED STATES OF AMERICA
[No 3]
Respondent.
________
Before: McCloskey LJ, McFarland J and Rooney J
________
Representation
Appellant: Mr Frank O’Donoghue QC with Mr Sean Docherty of counsel, instructed by
Gillen & Co Solicitors
Respondent: Mr Tony McGleenan QC with Mr Stephen Ritchie of counsel, instructed by
the Crown Solicitor
___________
McCloskey LJ (giving the judgment of the court)
Introduction
[1] This is the court’s substantive determination of the appellant’s renewed
application for leave to appeal against the following:
(i) The judgment and order of the “Appropriate Judge”, Her Honour Judge
Smyth, (hereinafter “the judge”) of Belfast County Court dated 24 January 2020
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whereby the issue of whether the appellant should be extradited to the USA
was, pursuant to section 87 of the Extradition Act 2003 (the “2003 Act”),
referred to the Secretary of State for the Home Department (the “Home
Secretary”) for final decision.
(ii) The decision of the Home Secretary dated 09 March 2020 which determined,
in substance, that the appellant should be extradited to the USA.
In Brief
[2] The Requesting State is the USA. Pursuant to a warrant dated 12 November
2016 issued by the Fifteenth Judicial Circuit Court the extradition of Jonah Horne
(“the appellant”) on the charge of second degree murder with a firearm is sought. It is
alleged that on 07 June 2016 in the context of a drugs dispute the appellant shot and
mortally wounded Jacob Walsh (“the deceased”) when in the passenger seat of a
vehicle at Boca Raton, Florida, USA.
[3] The appellant’s resistance to his extradition is based on three grounds:
(i) While the maximum sentence in the State of Florida for second degree
murder with a firearm is life imprisonment, it is contended that there is a
real risk that if extradited the appellant will be charged with first degree
murder on the same alleged facts and subjected to the death penalty if
convicted, in contravention of his rights under Article 2 and Article 3 ECHR.
(ii) Secondly, although it is accepted that the imposition of a sentence of life
imprisonment on an adult offender is not, in itself, prohibited by any article
of the Convention, it is submitted that the real possibility of an irreducible
life sentence is incompatible with his Article 3 Convention rights. For a life
sentence to remain compatible with Article 3, there must be both a prospect
of release and a possibility of review. It is submitted that no review
mechanism exists.
(iii) Thirdly, it is submitted that the conditions in Florida prisons are such that
there is a real risk that he would be subjected to torture, inhuman or
degrading treatment if returned which would be incompatible with his
Article 3 Convention rights.
The History
[4] In compliance with the court’s direction the parties agreed the following
chronology:
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7.6.16 Jacob Walsh was found mortally wounded outside an apartment
located at 5555 North Military Trail, Boca Raton, Florida.
12.11.16 Warrant issued by Judicial Circuit Court for the state of Florida
10.3.17 Request for provisional arrest by Embassy of the USA
13.3.17 A provisional warrant was issued under section 73 of the 2003 Act
13.3.17 The appellant was arrested by the PSNI at 14.35 hours.
14.4.17 Brought before the court and was remanded in custody.
1.5.17 Extradition Request.
26.4.17 Affidavit of Lauren E Godden, Assistant State Attorney, with Exhibits
A-E.
9.5.17 Certificate issued pursuant to section 70 of the 2003 Act.
24.5.17 Affidavit of Carey S. Haughwout.
9.6.17 Affidavit of Professor Jeffrey Ian Ross
25.8.15 Letter from David Aronberg State Attorney, Palm Beach County to the
Extradition Section UK Central Authority
25.8.17 Affidavit of Michael Harrell, Bureau Chief of security operations for the
Florida Department of Corrections.
24.8.17 Affidavit of Dr. Timothy Whalen, Director of Medical Services for the
Florida Department of Corrections.
29.8.15 Covering letter of Lauren Godden Assistant State Attorney, Palm Beach
County to the Extradition Section UK Central Authority
28.8.17 Affidavit of Captain Michael DeVoter of Palm Beach Sheriff’s Office
Department of Corrections, dated.
11.5.18 Correspondence from Scott Pribble, assistant public defender, Palm
Beach County.
22.8.18 First Instance Judgment
10.9.18 Diplomatic Note
7.9.18 Assurance from David Aronberg State Attorney, Palm Beach County to
the CSO that the defendant will not be tried for any offense other than
the one for which he is presently charged and for which extradition is
sought.
7.9.18 Letter from Lauren Godden Assistant State Attorney
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