Judge seeks more information in case of Limerick man wanted by Bulgarian authorities

A LIMERICK man who is wanted in Bulgaria to serve a sentence for drink driving and who has a conviction for serious drugs offences from the early 2000s, claims there is a risk he will receive inadequate medical care for his "severe back pain" should he be extradited there, the High Court has heard.

Katherine McGillicuddy BL, for Kenneth Collopy, told Mr Justice Paul Burns today that her client suffers from "back and disc problems" and prison facilities in Bulgaria were "substandard".

She argued that the High Court had "some duty" to prevent the respondent's health deteriorating and said he is entitled to "some measure of adequate health care".  

Collopy,34, of St Mary's Park, Limerick city, is wanted in Bulgaria to serve an 18-month sentence having been convicted of drink driving in his absence.

Grainne Mullan BL, for the Minister for Justice, told Mr Justice Burns today that the court had sought information last month concerning overcrowding in Bulgarian prisons and the amount of "living space" that the respondent would have if he was extradited there. 

Ms Mullan said a reply had since been received from Bulgarian authorities which outlined that Collopy would be detained in a living area of not less than four square metres. The barrister pointed out that the prison facilities in Bulgaria were equipped with a private bathroom, direct access to daylight and natural ventilation.

Ms Mullan noted that the respondent had a back condition and said there was "active treatment" for prisoners in a specialised hospital in Sofia.

She said Collopy had also raised the issue of violence amongst prisoners due to his previous experience in a Bulgarian prison.

"Prisoners can apply to the court if they believe any breach of their rights is about to happen or has happened," she indicated.

Counsel submitted that there was no real risk that Collopy would face treatment contrary to Article 3 of the Human Rights Act [freedom from torture and inhuman or degrading treatment] should he be extradited to a Bulgarian prison and the High Court should surrender him.

Furthermore, an express assurance had been given from the Bulgarian authorities that Collopy would be entitled to inpatient and outpatient care, she said. 

In reply, the respondent's barrister Katherine McGillicuddy BL told Mr Justice Burns that her client suffers from back problems and had surgery previously for "disc problems".

He is currently on a waiting list for more surgery due to severe back pain, she explained. She said foreign nationals had reported problems with bed bugs in the Bulgarian prison and appropriate bedding such as pillows were missing from most of the beds. 

There is a recommendation that two doctors work in the prison yet currently only one doctor was responsible for the medical care of 600 prisoners and the second position remained vacant, she said, adding that this was "insufficient" to meet her client's needs. 

Ms McGillicuddy said that Collopy has a pre-existing medical condition which required treatment and prison facilities in Bulgaria were "substandard".

She stated: "There is some duty to prevent a deterioration of his health and he is entitled to some measure of adequate health care and accessing it without unfair disproportionate barriers," she added. The barrister argued that there was a real risk of an absence of medical care for the respondent should he be extradited to Bulgaria.

Mr Justice Burns said he might need further information from the authorities in Bulgaria as to whether an EU citizen is entitled to health insurance cover if one did not have a residency permit.

"There seems to be an ambiguity, on the one hand they are saying all prisoners get health insurance and then they say some prisoners don't get health insurance," remarked the judge. 

Mr Justice Burns said he might consider seeking more information and put the matter back to April 19. 

The court has previously heard that Collopy was arrested on November 5 last year after a European Arrest Warrant (EAW) was issued by Bulgarian authorities. The father-of-six owns a car sales business in Limerick. 

Sergeant Jim Kirwan, who objected to bail at the initial hearing, said Collopy has 17 previous convictions, mostly for road traffic matters in recent years but, he added, in 2004 he was jailed for serious drugs offences.