The High Court has refused to order the extradition of an Algerian-born Irish citizen who is wanted in the United States on two alleged terrorism related offences.
High Court judge Ms Justice Aileen Donnelly delivered her judgment refusing the State's application for the extradition of Ali Charaf Damache at the request of the United States.
Ms Justice Donnelly said the DPP had abdicated responsibility to consider the proper forum for prosecution however she would not quash the DPP's decision in that regard unless the State successfully appeals her refusal to extradite him.
Mr Damache was discharged and walked out of the High Court this afternoon.The main points of objection to his extradition include grounds related to the conditions of detention in which it is alleged Mr Damache would be held if he was extradited to the US.
Other grounds cover the sentencing procedure under US Federal Sentencing Guidelines, the plea bargaining system and the nature and length of the sentence he was bound to receive.
In separate proceedings, Mr Damache sought to review the decision of the DPP not to prosecute him in this jurisdiction arising from the factual allegations underpinning the extradition request and the failure of the DPP to give her reasons for her decision.
The 50-year-old has been living here for a decade and is wanted in the US to face charges relating to conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism.
Last December was the second time his extradition case had been heard.
In November 2014 Mr Damache won a Supreme Court appeal against a High Court judge's refusal for leave to seek judicial review of the decision of the Director of Public Prosecutions not to prosecute Mr Damache here.
The Supreme Court unanimously ruled Mr Damache was entitled to apply for judicial review on two issues: whether the DPP's March 2011 refusal to prosecute him here is reviewable, and whether the DPP was entitled to refuse to give reasons for her refusal.
If Mr Damache had been convicted in the US, he could have faced up to 45 years in jail, a term his lawyers said would be "a lot more" than would be imposed here in Ireland.
In her judgment today, Ms Justice Donnelly said there was no meaningful judicial review available in the US of the conditions of detention and the necessity for same. "I say this recognising that due deference must be given to decisions that the executive makes regarding the administration of prisons," she said.
In a statement issued to RTÉ Prime Time through his solicitor Caroline Egan, Mr Damache said he was very happy with today’s ruling. He added he always had faith in the Irish legal system.
Mr Damache thanked his legal team and said he was an Irish citizen and after more than five years in jail was looking forward to moving on with his life here.