A man alleged to have advertised Irish passports for sale in the names of children who had died in infancy is wanted on a charge of conspiracy to defraud in England, the High Court was told yesterday.
Mr Justice Michael Peart is to rule next week on an application by British police for the extradition of Michael Fallon, otherwise Micheál Ó Fallúin, to face a charge of conspiracy to defraud the UK Passport Agency by the provision of false passport applications.
Kieran Kelly, counsel for Mr Fallon, formerly of Carysfort Hall, Blackrock, Co Dublin, sought Mr Fallon's release under Article 40 of the Constitution and opposed the granting of the extradition application on the grounds that the warrants were "void and unlawful" as a result of a recent Supreme Court decision here.
The High Court was told in a warrant issued by a Bow Street magistrate in London that British police believed Fallon, and alleged co-conspirators, advertised passports for sale in the International Herald Tribune. British police claimed that once a customer made contact they were offered a choice of suitable names and dates of birth from a list. On provision of a passport photograph and signed blank passport application form these were accompanied by a duplicate birth certificate of a child who had died in infancy and who never had a passport.
British police claimed in the warrant that the alleged scam had been exposed by the Granada TV investigative journalism show Tonight with Trevor McDonald.
In July 1999 Peter Foster, a producer for Granada TV, had his attention drawn to the advertisement by freelance journalist Peter McQuillan.
Mr Justice Peart, following legal argument yesterday, said he was in principle against Mr Fallon's legal team on the Article 40 application but would give detailed reasons on this and the extradition application next week.
He adjourned decisions on both applications until next Wednesday and returned Mr Fallon in custody until then.
