The Ireland High Court will rule in February, 2016 on the United States extradition request of Gary Davis, a Co Wicklow man whom it claims was a moderator of the Silk Road marketplace which dealt in illegal drugs.
It’s alleged as part of his responsibility, Mr. Gary used to deal with questions from the website’s users, and he re-organized stuff that could be bought on the site into different categories.
The Silk Road, which was closed down by the FBI in October 2013, was run by Ross William Ulbricht, an American who operated under the nickname “Dread Pirate Roberts.”
The illegal drugs available on the Silk Road site included, cocaine, heroin, LSD, as well as amphetamines.
Silk Road also offered hacking software that allowed buyers hack into other people’s ATMs as well as social media sites such as Facebook and Twitter accounts.
The 27-year-old Irishman is wanted for trial on charges of conspiracy to distribute illegal drugs, conspiracy to commit software hacking and conspiracy to commit money laundering.
According to the media, if convicted, Gary Davis could be sentenced to life in prison without parole.
Gary was arrested by Irish and US authorities in an international raid that also nabbed Silk Road administrator Andrew Jones and Peter Phillip Nash, following the closure of Silk Road.
His defense team opposes his client’s transfer on several grounds and claims that he suffers from a condition of autism called Asperger’s Syndrome and depression.
His lawyers claim that if transferred to the United States, the Irishman would be detained under inhuman conditions that could degrade his treatment.
Lawyers representing the United States maintain that Mr. Gary should be handed over to the US authorities to stand trial.
The extradition case was before the Irish High Court on December 1st for the final submission of additional materials from both parties including a statement from Professor Juan Mendez’s, the UN Special Rapporteur on Torture.
Professor Mendez expressed concerns regarding the conditions at the MCC (Metropolitan Correctional Centre), a US facility in New York where the accused is expected to be held if he loses the case.
The human rights activist told the judge that he was not allowed access to the facility. Mr. Gary’s defence team backed Mendez citing that the UN officer had expressed concerns about his client’s health if he were to be detained at MCC.
However, Ireland’s Attorney General, Remy Farrell SC refuted the claims, stating that there was no proof showing that the accused will be held in isolation at the facility.
The counsel told the court that assurances have been made that Mr. Gary’s health condition would be closely monitored should he be detained.
The Ireland’s AG had earlier on argued that Gary has a case to answer and that the judge should make an order demanding Gary to be transferred to the US for trials.
The AG added that all charges labeled against Mr. Gary are clear and submitted that there’s nothing that prevents the jury from making a ruling to extradite the accused, since some of the charges he is facing had been committed in United States given the web’s borderless nature.
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