\n<\/p>\n
O\u2019Brien, of Yellow Brick House, Roche\u2019s Road, Rathkeale, Limerick, is alleged to have acted jointly with two others on 22 November 2017 to facilitate the transportation of 66 people by speedboat from near Nafplio, Greece, towards Italy. The group consisted of 30 adult men, 14 adult women and 22 children, mostly from Iraq, Syria and Iran. Each is said to have paid between $4,000 and $6,000. The boat, designed for pleasure use and with a capacity of only about 10 people, had no life jackets and stranded on rocks near Gyalia beach close to Gerolimenas.<\/p>\n
Counsel for the State said the overcrowding created a real risk of the vessel sinking, amounting to intentional endangerment.<\/p>\n
Barristers for O\u2019Brien argued that Greek prison conditions were \u201can affront to their human dignity,\u201d with severe overcrowding (one facility recorded at 164%), inter-prisoner violence, intimidation and an overall unsafe environment. They cited a 2022 report by the European Committee for the Prevention of Torture. The defence submitted that the prisons were effectively \u201cbeing run by the prisoners.\u201d<\/p>\n
Mr Justice Se\u00e1n Gillane had previously directed that Greek authorities be asked to respond to the concerns about detention conditions. On Friday he refused the surrender application, stating that his full reasoning was contained in a written ruling distributed to the parties.<\/p>\n
The decision means O\u2019Brien will not be extradited to face the allegations in Greece.<\/p>\n