
George Gibney due in US court to consent to extradition
The Irish government has sought his return to face 78 counts of indecent assault and one count of attempted rape against four girls aged between eight and 14 at the time of the alleged offences.
George Gibney, with an address in Altamont Springs Orlando, submitted an affidavit of waiver of extradition to the United States District Court for the Middle District of Florida.
In it he agrees to give up his right to challenge the extradition request, and agrees to being held in custody until his removal to Ireland by Irish authorities.
Mr Gibney states in the signed affidavit: "I am the individual against whom charges are pending in Ireland and for whom process is outstanding there".
He was arrested on 1 July on foot of an extradition request from Ireland that was submitted by a Diplomatic Note to the US Department of State last October.
In February, the State Department's legal advisor's office said the documents complied with the terms of a 1983 Extradition Treaty between the EU and the US, and with a 2003 EU-US Extradition Agreement, and sent it to the Department of Justice for processing.
An arrest warrant was issued in the Central District of Florida on 23 June at the request of the US Attorney's office.
After his arrest, the US Attorney's office submitted a memorandum to Judge Daniel Irick, who is dealing with the Gibney case, which argued strongly against granting bail to Mr Gibney.
It also set out the extradition law of the United States, arguing that the court's function is to ensure that the paperwork is correct, not to hear arguments about the charges being brought.
Mr Gibney met with his court appointed public defenders, who went through the Government memorandum with him.
The following day, he notified the court of his intention to not contest his extradition.
In the formal affidavit withdrawing his challenge to continued custody and his extradition to Ireland, Mr Gibney states that he has been fully informed of his rights by his attorney, who also explained the terms of the extradition treaty between the US and Ireland, the nature of the complaint filed and the treaty obligation of the US Government to the Government of Ireland. George Gibney's signed affidavit of waiver of extradition.
He states "I understand that I am entitled to a hearing at which certain facts would need establishing, including: A) that currently there is an extradition treaty in force between the United States and Ireland. B) That the Treaty covers the offense for which my extradition was requested. C) That I am the person whose extradition is sought by Ireland: and D) that probable cause exists to believe that I committed the offense for which extradition was requested."
Mr Gibney's affidavit continues: " I fully understand that in the absence of a waiver of my rights, I cannot be compelled to return to Ireland unless and until a court in the United States issues a ruling certifying my extraditability and the Secretary of State of the United States issues a warrant of surrender."
Mr Gibney says he understands that he has a right to a hearing to challenge the extradition, but has decided to waive that right and not challenge it.
He states that he agrees "to be transported in custody, as soon as possible, to Ireland, and to remain in custody of the United States Marshal pending the arrival of duly authorised representatives from Ireland".
Mr Gibney further states that no officials, representatives or officers of the United States or the Government of Ireland nor anyone else has made any promise, inducement or threat, nor exercised any form of intimidation against him, and he agrees to not contest his extradition knowingly, voluntarily and entirely of his own free will.
Judge Daniel Irick is expected to order Mr Gibney's continued detention by US Marshals until his transport to Ireland is arranged, which is understood to be at least five more days away.
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