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Facts of the case:

The applicant of the case orders the surrender to Poland of the Polish respondent pursuant to the European Arrest Warrant Act 2003, on foot of two European arrest warrants issued in 2006. The applicant acknowledges that the respondent was tried in absentia for the offence which is subject of the second arrest warrant; while controversies arise in relation to the first warrant. In this case, since the respondent was unrepresented by a lawyer, he argues that with a surrender of the respondent would be incompatible with Ireland's obligations to the respondent under either the Convention or the Constitution.

Outcome of the case:

The High Court refused to order the surrender of the respondent to Poland. The decision of the court is based on the fact that the applicant provided no cogent evidence to prove that the right to have legal representation at the trial had been granted to the respondent.