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Boy sex charge man must face time in New York jail

The Supreme Court yesterday cleared the way for the extradition of a 54-year-old businessman facing jail in the US after pleading guilty to a charge of sexually assaulting a young boy.

It rejected an appeal by Simon Murphy of Rosetown, Arthurstown, New Ross, Co Wexford, against a High Court order to send him back to New York.

He left New York in 1989 after pleading guilty to one count of sexual assault on a boy aged under 11.

Murphy said in the appeal that the High Court had not fully taken into account his claim that he had been coerced into admitting the charge in a plea bargain.

The High Court had said Murphy “voluntarily” with the benefit of the advice from his own lawyer entered the plea bargaining procedure to get a lesser sentence than if he had been found guilty at his trial, where he was to face several counts of sexual assault.

His counsel Michael Forde told the Supreme Court Murphy’s US lawyer had advised him to plead guilty to the charge which carries a jail term of one to three years after a conversation between the judge, the prosecutor and the lawyer in the judge’s chambers.

There had also been an off-the-record conversation between the three in the courtroom.

But it was not known what was said in these conversations.

Dr Forde said Murphy who said he had done nothing wrong had felt intimidated, but went along with the plea advice.

He said plea bargaining was common place in the US but was unconstitutional here, and was contrary to the European Convention of Human Rights. And he said justice in Ireland and Europe must be administered in public. But Chief Justice John Murray said there was no constitutional impediment to an extradition order.

By Aodhan O Faolain

The Star Newspaper.

 
 

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