The High Court has heard that Lithuania is seeking to prosecute notorious international hitman Imre Arakas, who was extradited there last year to face trial in connection with the murder of a pop star's lover, on charges other than those he was surrendered for.
Last November the High Court ruled that 63-year-old Arakas, whose last address was in Sopruse, Tallinn, Estonia, was to be surrendered to Lithuania to face trial on charges including a count of murder as well as firearms and conspiracy-related charges in relation to the shooting of Deimantas Bugavicius in November 2015.
Siobhan Ni Chulachain BL, for the Minister for Justice, told Mr Justice Kerida Naidoo that there was a request in accordance with Article 27 of the European Arrest Warrant Framework Decision to prosecute Arakas "for offences other than for what he had been surrendered".
Ms Ni Chulachain said documentation had been served on Arakas in Lithuania, that he wished to be represented and that Ferrys Solicitors had previously appeared for the respondent.
Ms Aoife O'Leary BL, who previously represented Arakas, said she was seeking to establish whether Arakas wanted to instruct Ferrys Solicitors. "I don't have instructions to act on the matter," she added.
Mr Justice Naidoo said Arakas did not have to be present in court but that he wanted to make sure that the respondent's interests were represented.
Ms Ni Chulachain said that if Arakas wanted to be legally represented then he should instruct a firm of solicitors. "Obviously there are time restraints; thirty days from the date of request of the European Arrest Warrant," she outlined.
The barrister later said the application had been served on Arakas and asked the High Court to adjourn the matter for a week to allow the respondent to instruct a firm of solicitors.
Ms O'Leary said she was unsure if Arakas still wished to engage Ferrys Solicitors.
The judge agreed to adjourn the case for a week in order for the respondent to instruct a firm of solicitors.
At the High Court last November, Mr Justice Paul Burns said there was no ambiguity in the warrant received from Lithuania for Arakas' surrender. Additional information had been supplied to Irish authorities stating that Arakas was to be tried with murder, possession of weapons and criminal damage when participating in preparatory acts before the murder.
Mr Justice Burns said the detail, time and location of the alleged offences had been supplied and that there was no issue with those offences not corresponding with Irish law.
The judge said the respondent had not rebutted the presumption that Arakas was to be tried and that the decision had been made to try Arakas in Lithuania for the alleged offences.
Lawyers for the Estonian native had opposed his extradition to Lithuania as they argued the authorities there had "changed the narrative" in their description of the charges he faces.
Arakas was wanted for murder but had challenged his surrender on the grounds that no charge had been "formalised" against him.
An eyewitness to the murder of the pop star's lover had said that the hitman, who has also been jailed here for his role in a Kinahan cartel murder plot, was not present at the scene. Arakas told gardaí that he was in Spain on the relevant dates.
However, Lithuanian authorities alleged that Arakas was part of a three-man gang that conspired to murder Mr Bugavicius, who was alleged to have had an affair with pop star Vita Jakutiene.
The ex-wrestler was jailed by the Special Criminal Court here for six years in December 2018, after he admitted to conspiring with others to murder James 'Mago' Gately in Northern Ireland between April 3rd and 4th, 2017.
He was contracted by the Kinahan crime gang to assassinate Mr Gately and had told his associates in text messages that he would take out his target with "one shot to the head".
Passing sentence at the Special Criminal Court, Mr Justice Tony Hunt said Arakas had agreed to the "vital role" of pulling the trigger for financial gain, and he was prepared to offer his "own detail" on how the murder of Mr Gately was to be performed.
Arakas had travelled to Ireland from Alicante in Spain on April 3, 2017, for the purpose of killing Mr Gately and has been in custody in Ireland since April 2017.
The Special Criminal Court previously heard that Arakas was a member of the Estonian Defence League in the 1990s and was involved in the separatist movement from the USSR.
The married father of two had been "scarred and marked deeply" by imprisonment in Russia, the court also heard.
He has previous convictions which include causing deliberate bodily harm, escaping from prison and unlawful handling of firearms.
