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Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BLThe Apple Tax CaseWill they, won't they? Should they, would they?Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall!It's a case without precedent in Ireland that has given its own windfall to the commentariat.On this episode our hosts interview Dr. Charles Garavan, lawyer and tax expert, who is Assistant Professor at the Business Faculty at UCD. (BTW, he's also a 'memory man' that you'll learn more about on the podcast. Fascinating.).The Apple case may be heading, slowly but finally, towards a conclusion. This interview is an 'Apple Tax 101' that will have you perfectly informed when discussing it with colleagues.Charles' book choice is 'A Guide to the Good Life' by William B. IrvineAs always our two hosts also delve into three recent cases from the Decisis.ie casebook, including;A habeas corpus application where the judge ruled that a doctor had withheld relevant informationA personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibilityA case under a European Arrest Warrant where a Czech national was wanted for road traffic offences in his native country. The judge ordered him sent back.With thanks to Clio legal software Hosted on Acast. See acast.com/privacy for more information.
This week on the podcast we look at two cases concerning the European Arrest Warrant and consider how it can achieve justice while also protecting the rights of the individual. https://uklawweekly.substack.com/subscribe Music from bensound.com
How should a court react when it is presented with a European Arrest Warrant but there are concerns that the conviction is unsafe? https://uklawweekly.substack.com/subscribe Music from bensound.com
E45 The Fifth Court - barristers both, Peter Leonard and Mark Tottenham cross examine Niamh Howlin, Ass. Professor of Law at UCD, about her new book, 'Barristers in Ireland, an evolving profession since 1921'.She talks about the not insignificant roles that barristers, practicing and non-practicing, have played in Irish public life. It's the first book of its type to examine the profession from the Turbulent Twenties until the Celtic Tiger years. Who were the stand out barristers? How has their work changed over the years? What was the impact of partition?Questions, questions, questions. And plenty of answers.As usual Peter and Mark look at significant legal cases taken from the Decisis.ie casebook.The first case on this episode involves that of a school principal at a Gaelscoil, and a disciplinary matter dating back to 2009, with claims of a board of management being 'motivated by animus' or a vendetta.The second case involves a European Arrest Warrant and should an accused, who had served a sentence in Ireland, be sent to Portugal to serve a sentence there for a separate crime.Her recommendation for a book is 'Empire of Pain' Patrick Radden Keefe Hosted on Acast. See acast.com/privacy for more information.
Following his exposure of the Swiss banking system, Trevor Kitchen has been viciously hounded by both the Swiss and European legal systems, principally with the help of the European Arrest Warrant. Yet even Conservative MP Dominic Raab sees the danger, saying …"The EAW has devastated the lives of too many innocent people.” We all need to understand the dangers of this legal pernicious legal device.
Guest: Thomas Wahl In this episode Christopher Murphy talks with Thomas Wahl about the European Arrest Warrant, which is celebrating its 20th anniversary in 2022. What has been learnt? What could or should be changed?
jQuery(document).ready(function(){ cab.clickify(); }); Original Podcast with clickable words https://tinyurl.com/yeah6ftn Hutch lost his appeal against his extradition to Ireland. A achomharc caillte ag Hutch i gcoinne a eiseachadta go hÉirinn. Gerard Hutch, better known as the 'Monk', has lost his appeal against his extradition to Ireland. Tá a achomharc i gcoinne a eiseachadta go hÉirinn caillte ag Gerard Hutch, nó an 'Monk' mar is fearr aithne air. Three judges at a Spanish National Court ruled in the evening that the European Arrest Warrant awarded to Hutch in August stands. Rialaigh triúr breithiúna i gCúirt Náisiúnta sa Spáinn tráthnóna go seasann an Barántas Gabhála Eorpaigh a bronnadh ar Hutch i mí Lúnasa. It was at that time that police arrested the 'Monk' in the town of Fuengirola on the Costa Del Sol. Ba ag an tráth sin a ghabh póilíni an 'Monk' i mbaile Fuengirola ar an Costa Del Sol. Gardaí are seeking the extradition of Hutch (57) as he is being questioned about the murder of criminal David Byrne (34) at the Regency hotel in Dublin in February 2016. Tá na gardaí ag iarraidh go n-eiseachadfaí Hutch (57) mar go bhfuiltear ag iarraidh é a cheistiú faoi dhúnmharú an choirpigh David Byrne (34) in óstán an Regency i mBaile Átha Cliath i bhFeabhra na bliana 2016. David Byrne, the criminal killed in the raid on the Regency hotel in 2016 The State here also wants Hutch to be tried in the Special Criminal Court, if there is enough evidence to do so. David Byrne, an coirpeach a maraíodh sa ruathar ar óstán an Regency i 2016 Teastaíonn ón Stát anseo freisin go gcuirfí Hutch ar a thriail sa Chúirt Choiriúil Speisialta, má tá dóthain fianaise ann le sin a dhéanamh. However, if Hutch is convicted, he will be allowed to return to Spain to serve his prison term. Má chiontaítear Hutch áfach, beidh cead aige filleadh ar an Spáinn lena thréimhse príosunachta a chur isteach. Gerard Hutch has residency status in Spain, and authorities then say he pays his taxes in Spain in his own name. Tá stádas cónaitheach sa Spáinn ag Gerard Hutch, agus deir na húdaráis ansin go n-íocann sé a chuid cánach sa Spáinn ina ainm féin.
Gerry Hutch, known as 'The Monk', has been arrested in Spain on foot of a European Arrest Warrant. Philip was joined by Stephen Breen, Crime Editor with the Irish Sun and Pat Leahy, Former Assistant Garda Commissioner & security consultant
Crime Journalist and Author of The Monk Paul Williams is speaking to Niall about the arrest of Gerry Hutch known as 'The Monk', in Spain on foot of a European Arrest Warrant. See omnystudio.com/listener for privacy information.
Crime Journalist and Author of The Monk Paul Williams is speaking to Niall about the arrest of Gerry Hutch known as 'The Monk', in Spain on foot of a European Arrest Warrant.See omnystudio.com/listener for privacy information.
When Zabolotnyi was due to be extradited to Hungary under a European Arrest Warrant, questions were asked about whether the prison conditions would represent a breach of human rights. Even after the Hungarian Ministry of Justice made promises that they would comply with the Convention, the English courts had to decide whether that would truly be the case. https://uklawweekly.substack.com/subscribe Music from bensound.com
One week after three men were charged in connection with the Regency Hotel attack and a European Arrest Warrant was issued for Gerry ‘the Monk’ Hutch, a former Sinn Fein councillor has been brought before the Special Criminal Court charged with the murder of David Byrne. So who is Jonathan Dowdall and what do we know about his links to the Regency investigation?
Following the news that a European Arrest Warrant has been issued for Gerry ‘The Monk’ Hutch in relation to the Regency Hotel attack in 2016, Nicola Tallant chats with journalist Eamon Dillon about the life and crimes of one of Ireland's most infamous gangsters.
Paul Reynolds, Crime Correspondent, on a European Arrest Warrant being issued for the arrest of Gerry Hutch in connection with the 2016 Regency Hotel attack.
During this episode, Matthew will discuss the impact of Britain's exit from the European Union for policing and security studies. This episode will focus on the role of the European Arrest Warrant, the impact on the security service (Mi5), defence and the impact of the defence spending review, the impact and challenges facing migrants and refugees and finally, the impact of Brexit on Northern Ireland and the potential return to violence as well as the potential future of a Border Poll on Irish Reunification.
With judicial cooperation in the European Union on the verge of a breakdown because of continuing doubts about Poland's judicial system and a recent government-led takeover of local and regional media, many are expecting the European institutions to step in and put a stop to democratic backsliding and threats to the rule of law. Whether it is the European Court of Justice or the European Parliament, what means are available to bring a country back in line? We discuss a recent analysis by Visegrad Insight Fellow Jaras Gwizdak concerning the European Arrest Warrant and highlights from our last monthly foresight. Slovak MEP Michal Šimečka joins us to discuss the LIBE committee agenda and what the European Parliament is planning to do about media freedom. The EU has competences to deal with media freedom: https://visegradinsight.eu/eu-has-competences-to-deal-with-media-freedom/ Is European judicial cooperation more than pulp fiction? https://visegradinsight.eu/poland-european-judicial-cooperation-pulp-fiction/ Tribal politics in a pandemic: https://visegradinsight.eu/tribal-politics-in-a-pandemic-monthly-foresight-march/ This episode is part of a project co-funded by the European Union.
This is an audio recording of an IfG Live Event The UK's policing and intelligence communities cooperate closely with their EU counterparts, sharing intelligence and collaborating on cross border investigations to fight crime and tackle terrorism.This event considered the implications of Brexit for this cooperation, including the impact on data-sharing and the UK's use of the European Arrest Warrant..PanellistsPatrick Calvar, Special Advisor, Institut Montaigne; Director-General, French Interior Security (2012-2017)Sir Julian King, Visiting Policy Fellow, Oxford Internet Institute; European Commissioner for the Security Union (2016-2019)Naomi Long MLA, Minister of Justice, Northern Ireland ExecutiveSir Robert Wainwright, Partner, Deloitte; Director, Europol (2009-2018)The event was chaired by Georgina Wright, Senior Researcher, Institute for Government#IfGBrexit See acast.com/privacy for privacy and opt-out information.
Aamer Anwar speaks to Norrie Hunter of https://indylive.radio about he latest European Arrest Warrant issued for Clara Ponsati .
A European Arrest Warrant for Clara Ponsati,on charges of sedition, was issued by Spain just before we recorded today's podcast.We give our initial reactions to the shocking news. Lesley was at the National's Yes rally in George Square last Saturday and she reveals who she thought was the most impressive speaker. The BBC has responded to criticism of its coverage, to be honest we're sceptical, to say the least, to its reply. This leads, neatly I reckon, to the exclusion of the SNP from the televised election debates. Lesley has some interesting thoughts, not just on this, but the whole framing of political debate on our screens. The Scottish Greens have decided to field at least 20 candidates in the General Election. I question why, and consider what impact this might have on marginal,SNP held, constituencies. We compare and contrast this with Sinn Fein's decision not to stand in three Northern Irish seats and electoral pacts in England and Wales. Our last "big bit" is on Lesley's analysis of Boris Johnson's attempts to position himself as a "One Nation Tory" .Will it work in Leave voting traditional Labour areas? Along the way we also look at Jacob Rees Mogg's statements on Grenfell, and the government cover up on Russian interference in UK politics.
The European Arrest Warrant is a key tool for fighting crime and is a prime example of EU co-operation at its finest. In this case we explore what protection is available for those named in a warrant, deficiencies in the UK's implementation and what the future holds for this area as Brexit impends. Music from bensound.com
An extradition case at the EU’s highest court shows growing legal uncertainty about the UK’s relationship with the EU, even before it leaves the bloc next March. The EU Court of Justice is considering whether to block the UK’s use of the European Arrest Warrant, on the grounds that suspects’ EU rights may not be guaranteed after Brexit. Brussels reporter Mike Acton and news editor Sam Wilkin discuss.
Spain has shattered its own record for weapons exports. According to a report by the Stockholm International Peace Research Institute, the country sold military equipment worth €4.3 billion last year. The rise is part of a global increase in weapons transfers that began in the early 2000s, According to this analysis, Spain was the seventh-largest exporter of weapons last year. Outside the European Union, which is 72.6% of Spain’s weapons exports, the country’s biggest client was Saudi Arabia with €270.2 million in sales. More than in the UK two parties that have taken turns governing Spain since 1982 are experiencing changing voter intentions. These polls show that for the first time, the Popular Party (PP) and the Socialist Party (PSOE) have been overtaken by Ciudadanos and Podemos. Catalonia has a new premier after nearly five months of political deadlock. Quim Torra, who was handpicked by Carles Puigdemont as his successor, was voted in at the second session of the investiture debate after failing to secure an absolute majority on Saturday. A BRITISH man on the run for armed robbery has been held on the Costa del Sol. He is known to have at least 75 false identities The unnamed suspect was detained in Marbella on a European Arrest Warrant after being stopped by a Spanish National Police patrol just after 2am...... ...... He reportedly offered €500 to the officers if they let him go, resulting in an additional bribery rap. A MAN has been shot dead outside a church in Marbella, after attending the communion of one of his children. David Avila Ramos was outside the Virgen del Rocio church in San Pedro de Alcantara at around 1.50pm when several shots were fired at him in his car from a drive-by motorcyclist...... THE Valencian government has announced plans to only allow holiday rentals in ground floor and first floor properties- This could well affect visitors looking for penthouses with stunning panoramic views of the city. Last week that it was announced that Palma in Mallorca is to ban all holiday rental apartments in the city and Venice has created locals-only zones, So Valencia is the next Spanish city to impose restrictions on holiday lets. ....... This is a move that appears to appease the growing anti-tourism unrest among residents in tourist destinations such as Venice, Barcelona, Palma and now Valencia. The proposed plan aims to promote harmony and reduce the impact on the daily lives of residents in apartment blocks............. The city of Valencia is the third most visited city in Spain......... The stunning harbour hosted the America’s Cup in 2009 and its cultural attractions such as the Science and Arts City with its phenomenal infrastructure celebrates its 20th anniversary this year.With more than 60 number of flights weekly to Valencia airport from London, The UK seems hypnotised by the impending Royal Wedding and the non attendance of the bride's father.. Specialist teams spent the night constructing anti-vehicle barriers before tens of thousands of spectators flock to the Berkshire town. Workers installed the huge metal and concrete barricades which protect against possible terrorist vehicle attacks. Police have already been rifling through bins, searching drains and manhole covers with sniffer dogs in the run up to Saturday's event ..... A prison pharmacist who bombarded an inmate with X-rated texts praising his ‘huge manhood’ has been struck off........The convict, referred to only as patient A, received 105 sexts from Harrison in just nine days, the disciplinary hearing was told. A group of around 50 residents leapt into action after a break-in on their street in Walsall, West Midlands on Saturday afternoon. Locals sealed off the ends of the streets before a suspect was arrested in scenes one bystander compared to TV action show The A-Team. One resident, who witnessed the whole arrest, said: I was amazed how the local community were so quick to help each other, it's not something you see a lot these days.'
Spain has shattered its own record for weapons exports. According to a report by the Stockholm International Peace Research Institute, the country sold military equipment worth €4.3 billion last year. The rise is part of a global increase in weapons transfers that began in the early 2000s, According to this analysis, Spain was the seventh-largest exporter of weapons last year. Outside the European Union, which is 72.6% of Spain’s weapons exports, the country’s biggest client was Saudi Arabia with €270.2 million in sales. More than in the UK two parties that have taken turns governing Spain since 1982 are experiencing changing voter intentions. These polls show that for the first time, the Popular Party (PP) and the Socialist Party (PSOE) have been overtaken by Ciudadanos and Podemos. Catalonia has a new premier after nearly five months of political deadlock. Quim Torra, who was handpicked by Carles Puigdemont as his successor, was voted in at the second session of the investiture debate after failing to secure an absolute majority on Saturday. A BRITISH man on the run for armed robbery has been held on the Costa del Sol. He is known to have at least 75 false identities The unnamed suspect was detained in Marbella on a European Arrest Warrant after being stopped by a Spanish National Police patrol just after 2am...... ...... He reportedly offered €500 to the officers if they let him go, resulting in an additional bribery rap. A MAN has been shot dead outside a church in Marbella, after attending the communion of one of his children. David Avila Ramos was outside the Virgen del Rocio church in San Pedro de Alcantara at around 1.50pm when several shots were fired at him in his car from a drive-by motorcyclist...... THE Valencian government has announced plans to only allow holiday rentals in ground floor and first floor properties- This could well affect visitors looking for penthouses with stunning panoramic views of the city. Last week that it was announced that Palma in Mallorca is to ban all holiday rental apartments in the city and Venice has created locals-only zones, So Valencia is the next Spanish city to impose restrictions on holiday lets. ....... This is a move that appears to appease the growing anti-tourism unrest among residents in tourist destinations such as Venice, Barcelona, Palma and now Valencia. The proposed plan aims to promote harmony and reduce the impact on the daily lives of residents in apartment blocks............. The city of Valencia is the third most visited city in Spain......... The stunning harbour hosted the America’s Cup in 2009 and its cultural attractions such as the Science and Arts City with its phenomenal infrastructure celebrates its 20th anniversary this year.With more than 60 number of flights weekly to Valencia airport from London, The UK seems hypnotised by the impending Royal Wedding and the non attendance of the bride's father.. Specialist teams spent the night constructing anti-vehicle barriers before tens of thousands of spectators flock to the Berkshire town. Workers installed the huge metal and concrete barricades which protect against possible terrorist vehicle attacks. Police have already been rifling through bins, searching drains and manhole covers with sniffer dogs in the run up to Saturday's event ..... A prison pharmacist who bombarded an inmate with X-rated texts praising his ‘huge manhood’ has been struck off........The convict, referred to only as patient A, received 105 sexts from Harrison in just nine days, the disciplinary hearing was told. A group of around 50 residents leapt into action after a break-in on their street in Walsall, West Midlands on Saturday afternoon. Locals sealed off the ends of the streets before a suspect was arrested in scenes one bystander compared to TV action show The A-Team. One resident, who witnessed the whole arrest, said: I was amazed how the local community were so quick to help each other, it's not something you see a lot these days.'
Strangely neither of us are returning from anywhere this week, but we're both off, separately, to Edinburgh. We unashamedly spend most of our time reflecting on the Novichuk poisoning story and what it says not only about Boris Johnson and the Conservative government but also the state of BBC journalism. Here's a hint, neither of us are exactly tap dancing about any of them. Lesley wonders if Jeremy Corbyn is the only political leader to have gone with his gut instincts and been proven correct. Once again it seems to have been the "non mainstream" media, with the honourable exception of Skynews, which has done the heavy journalistic lifting. We return to the theme of empathy from last week and revisit the Clara Ponsati situation with Lesley's insights into the European Arrest Warrant. I make a plea to avoid gloating about the media turning on the Labour Party and Remainers from those of us who went through the smears of Indyref. Finally, we reflect on the enduring radical legacy of Dr Martin Luther King on the 50th anniversary of his assassination.
We return after the two-week hiatus, caused by my bout of "man flu, and kick off, after a few moans from me, with the fight to save Professor Clara Ponsati from extradition to Spain. We discuss just what the Scottish Government or indeed Parliament could do to assist her, and the law surrounding the European Arrest Warrant. Lesley reflects on what the case says not just about Scottish society but also about the reaction of most unionist politicians to Clara's plight. I reveal another dark secret of my past when holding forth on Natural Law. Lesley's trip to Islay, courtesy of Loganair, returns us to some of the key topics she's been focusing on over the past 18 months. Land ownership, the plight of island and rural communities, and Scotland's broken system of local government. It wouldn't be a podcast without discussion on the role of the media and I recount my exposure to the Jeremy Vine Show (the things I suffer for you folk) and Lesley sheds some interesting light on the HOOP demonstration at Holyrood. As usual there are other random nuggets of nonsense.
Kirsty Young's castaway is the Right Honourable Theresa May MP - the longest serving Home Secretary in fifty years. For those who think her political lineage seems directly descended from the Iron Lady, Theresa May's metal has certainly been stress-tested in the past few weeks. She's apologised twice in parliament for having failed to appoint a suitable head to lead the historical child abuse inquiry; a minister in her department resigned, claiming working with her had been like "walking through mud". Then there has been the controversy over the non-vote on the European Arrest Warrant and finally news this week that 1 in 5 crimes are unrecorded. Just as well that she has a reputation as a woman who knows her own mind and is willing to speak it. She famously said the Conservatives were perceived as the 'nasty party'. Her excoriating speech to the Police Federation dealt head on with long-term corruption and incompetence in their ranks and was received with stunned silence. So unflinching, resilient, driven and, if a recent poll is to be believed, a popular choice among Conservative voters to be the next Prime Minister. She has, so far, remained tight-lipped on any ambition to lead her party. She says, "I think you have to believe in what you're doing - that's key. If you do believe you are doing the right thing - that gives you resilience".
Kirsty Young's castaway is the Right Honourable Theresa May MP - the longest serving Home Secretary in fifty years. For those who think her political lineage seems directly descended from the Iron Lady, Theresa May's metal has certainly been stress-tested in the past few weeks. She's apologised twice in parliament for having failed to appoint a suitable head to lead the historical child abuse inquiry; a minister in her department resigned, claiming working with her had been like "walking through mud". Then there has been the controversy over the non-vote on the European Arrest Warrant and finally news this week that 1 in 5 crimes are unrecorded. Just as well that she has a reputation as a woman who knows her own mind and is willing to speak it. She famously said the Conservatives were perceived as the 'nasty party'. Her excoriating speech to the Police Federation dealt head on with long-term corruption and incompetence in their ranks and was received with stunned silence. So unflinching, resilient, driven and, if a recent poll is to be believed, a popular choice among Conservative voters to be the next Prime Minister. She has, so far, remained tight-lipped on any ambition to lead her party. She says, "I think you have to believe in what you're doing - that's key. If you do believe you are doing the right thing - that gives you resilience".