A 24-YEAR-OLD man accused of threatening another man with a firearm, stamping on his head and gouging his eyes is to be surrendered to Scotland after authorities there confirmed they could accommodate his mental health needs in prison.
Last June, the High Court refused to extradite Richard Sharples on humanitarian grounds to an overcrowded Scottish prison operating at 132% capacity.
The court heard it would see him locked up for 22 hours a day with less than three square-metres of space and that authorities there had returned a “poor recognition” of neuro-developmental disorders.
At that extradition hearing, Mr Justice Paul McDermott found that there was a “real and substantial risk of inhuman or degrading treatment”, should the court order the surrender of Sharples.
Sharples, with a previous address at Dromore West, Co Sligo, is wanted for prosecution by Glasgow Sheriff Court under a Trade and Cooperation arrest warrant for two offences alleged to have occurred at Cardona Street, Glasgow, on 16 September 2021.
Sharples is accused of a firearms offence “with the intent to enable another person by means thereof to cause a person to believe that unlawful violence would be used against him”, contrary to the Section 16 of the 1968 Firearms Act.
It is further alleged that Sharples struck the alleged victim with a brick, gouged his eyes, repeatedly punched and kicked him and stamped on his head, contrary to Common Law, causing serious injury and endangerment of life.
On foot of a new letter from Scottish authorities offering assurances of Sharples’ treatment, Ms Justice Melanie Greally today ordered his extradition.
She said that the surrender of the respondent should be completed within 25 days and granted him bail on strict conditions, including that he signs on daily at Garda station, and under an approved surety of €20,000.
There was no objection to Sharples’ bail by the State, subject to the conditions.
Ms Justice Greally said assurances had now been received in relation to Sharples’ medical needs, which are to be catered for by Scottish authorities, including the NHS and the Prison Service, after Scottish authorities re-issued the warrant.
The previous hearing was told that Sharples’ medical needs required treatment for ADHD, depression, anxiety, insomnia and Asperger’s syndrome.
Ms Justice Greally said the warrant states the maximum sentence for the firearms offence is ten years’ imprisonment and that life imprisonment is the maximum sentence for the assault offence.
“It appears plain to me that the refusal to surrender was not a privilege or immunity from surrender,” said Ms Justice Greally.
“The right was one not to be surrendered, so long as the issuing judicial authority was unable or unwilling to give assurances on his complex needs,” said Ms Justice Greally.
Ms Justice Greally said Mr Justice McDermott’s previous ruling on “inadequate” assurances had now been addressed by Scottish authorities by letter from the Scottish Crown Office that amounted to a “material change in circumstances”.
“I am satisfied that the care-plan for the respondent will be tailored to his needs and that the medical personnel available to him at Low Moss prison have the relevant skills and experience of persons with ASD and ADHD to cater for his emotional and psychological needs,” said Ms Justice Greally, who then made her order for the surrender of Sharples.
At the extradition hearing of the High Court in June, Mr Justice McDermott said he was refusing the extradition request on humanitarian grounds relating to Scottish authorities not being able to guarantee that Sharples’ mental health needs would be specifically attended to.
Mr Justice McDermott said the case was a “troubling” one, relating to the care of Sharples’ conditions.
Mr Justice McDermott said psychiatrist Professor Patricia Casey had identified specific steps to improve Sharples’ position within a prison environment which were not specifically addressed by Scottish prison authorities who, in addition, had overcrowding issues.
The judge said the “outstanding matter” to consider was whether or not the surrender of Sharples to Scottish authorities could result in “inhuman or degrading treatment”.
Mr Justice McDermott said that Sharples could not be left alone for long periods and had never lived independently.
The judge said that Sharples would have found prison “much more severe than those without these conditions”.
Mr Justice McDermott said 2022 reports on the Scottish prison system showed a “poor recognition of neuro-developmental disorders”, which would amount to a “serious burden” for Sharples.
“Scottish authorities were asked for a specific assurance regarding Mr Sharples but it was not forthcoming,” said the judge.
Mr Justice McDermott said the Scottish authorities did not respond to a request for assurances of specific care for Sharples but outlined general health and NHS policies instead.
The judge said the response from Scottish prison authorities “fell far short of addressing Dr Casey’s concerns” and that it “simply fails to directly engage with the court’s concerns”.
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