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David Hurley, 10 May
A LIMERICK man convicted of the manslaughter of a PSNI officer who was
apprehended by gardai earlier this year is to challenge his extradition
to Northern Ireland.
Christopher Shane Frane, who is originally from west Limerick, was
sentenced to a minimum of six years for the manslaughter of a police
officer in 2013 and was given an indefinite custodial sentence until he
can show that he is no longer a danger to the public.
The 36-year-old was apprehended by gardai in February - nearly two
weeks after the PSNI said he had breached the conditions of his
temporary prison release by absconding from the Northern Ireland Prison
Service.
At the High Court in Dublin this Friday, his lawyer Leanora Frawley BL
said indefinite custodial sentences are the Northern Irish equivalent
of "imprisonment for public protection (IPP)" sentences which proved
highly controversial in the UK.
Prisoners, she said, could end up serving life terms for relatively
minor offences. IPPs were abolished in the UK following a 2012 ruling
by the ECHR that they were unlawful but judges in Northern Ireland can
still impose indefinite sentences.
Ms Frawley said Frane has served his six-year sentence but remains
subject to the indeterminate portion until he is no longer considered
to be dangerous. Under the law, it is up to the prisoner to rebut the
presumption that he is a danger, Ms Frawley said.
The barrister asked for a senior counsel to be appointed to argue the
"novel and complex point" as to whether Frane's extradition should be
refused on human rights and constitutional grounds.
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Harriet Burgess BL, for the Minister for Justice, said there is
extensive case law in this jurisdiction on indeterminate sentences but
the State is not opposing the application for a senior counsel.
Mr Justice Paul McDermott granted the application and adjourned the
case until June 26 for hearing.
Frane was arrested in Dublin on February 1 this year on foot of an
extradition warrant issued by the Police Service of Northern Ireland
where he is deemed to be unlawfully at large from prison since January
17.
Frane had pleaded guilty to a number of charges including the
manslaughter of Constable Philippa Reynolds.
Ms Reynolds (27) was the back seat passenger in a police patrol car
that was struck by a stolen Toyota Landcruiser driven by Frane in
February 2013 in Derry.
She was killed instantly.