A British national who is alleged to have stabbed a man to death before fleeing to Ireland will be extradited to the UK to face trial.
The High Court previously heard submissions from lawyers for Kane Hull and his co-accused Liam Porter, who are both accused of the murder or manslaughter of Ryan Kirkpatrick in Carlisle in 2021. Mr Porter's surrender was ordered by Ms Justice Caroline Biggs earlier this month.
On Monday, Ms Justice Biggs ordered the extradition of Mr Hull, who the extradition warrant states was allegedly captured on CCTV stabbing Mr Kirkpatrick "up to four times".
In September, a warrant was issued by North Cumbria Magistrates' Court for the arrests of Mr Hull (29) of Bower Street, and Mr Porter (32) of Fulmer Place, both addresses in Carlisle.
The fatal, public stabbing of Mr Kirkpatrick (24) at Carlyle's Court, Carlisle, occurred on September 18th of last year.
Clarity of warrant
Tom Horan BL, for Mr Hull, had argued that the warrant seeking the extradition of his client lacked clarity on both the number and nature of the offences for which he is being sought.
However, in her judgment Ms Justice Biggs noted the warrant states the offences of murder and manslaughter are presented as "direct alternatives" which a UK trial jury may have to consider.
She said that a defence team in the UK may offer a plea to manslaughter and the removal of the alternative option of manslaughter from the warrant could damage an accused person who offers such a plea as opposed to murder.
Ms Justice Biggs added that there was no issue regarding finding corresponding offences in Irish law and that the UK had provided clarity on the accusations on foot of the High Court's request for more information. In the UK, both murder and manslaughter carry a maximum of life imprisonment.
Ms Justice Biggs said the warrant stated that UK police believed that there was a "history of ill will" between Mr Hull and Mr Kirkpatrick. The UK police allege that at around 8.45pm on the night Mr Hull is captured on CCTV stabbing Mr Kirkpatrick up to four times and that he was identified by police outside a busy Carlisle restaurant where the stabbing occurred, she said.
CCTV
The judge said the warrant states that Mr Hull and Mr Porter are allegedly twice captured on CCTV returning to the scene wearing face-masks and hooded tops after an earlier altercation with the deceased that led to the stabbing.
Police in the UK claim Mr Hull can be seen on CCTV at the scene after his mask drops. Ms Justice Biggs said the warrant also claims that the two left the scene in a vehicle later found burned out. They are further suspected of using a stolen vehicle when they travelled first to Northern Ireland before being found and arrested by gardaí in Co Mayo.
Both men are alleged to have left the UK on September 22nd, and gardaí have given evidence of arresting the men on foot of the warrant in the Carracastle parish area of Co Mayo on September 29th of last year.
Ms Justice Biggs was told by Tony McGillicuddy BL, for the State, that there were no outstanding domestic matters impeding Mr Hull's extradition. Ms Justice Biggs remanded Hull in custody for a period of not less than 15 days with a further period not to exceed 10 days to allow time for the extradition to be arranged.
On February 18th, Mr Porter's surrender was ordered by the High Court. At that hearing, Ms Justice Biggs said it had been alleged that Mr Porter had assisted Mr Hull in the stabbing by making a phone-call alerting Mr Hull to Mr Kirkpatrick's presence at Carlyle Court.
It is alleged that Mr Porter did not stay in the vehicle driven by Mr Hull but attended the scene of the killing with Mr Hull. The UK further alleges that Mr Porter was present when the vehicle was burned out 30 minutes after the stabbing. In the UK, assisting an offender carries a maximum of 10 years' imprisonment.
