A 73-year-old resident of a nursing home wanted by British authorities over decades-old child sex abuse allegations in Scotland has been refused bail by a Melbourne, Australia, magistrate.
A warrant was issued in 2007 for the arrest of John Donnelly on four charges that alleged ''lewd, indecent and libidinous'' practices and behaviour against three girls from 1978.
Mr Donnelly, a permanent resident of Australia for almost 40 years, was bailed last December and in Melbourne Magistrates Court on Friday consented to an application for his extradition to Scotland.
His lawyer, Kane Loxley, then applied to magistrate Franz Holzer for bail pending the federal Attorney-General's final decision on Mr Donnelly's extradition, submitting it was ''difficult to imagine a lesser flight risk'' than his client.
Mr Loxley said Mr Donnelly, a grandfather of 11 supported in court by his children and with no prior convictions, migrated to Australia in 1974 and now had type 2 diabetes and was on medication for a range of ailments.
Solicitor Annika Memery, for the British government, disputed the argument that Mr Donnelly had shown there were special circumstances why he should be bailed.
Ms Memery said his age and ill health did not set him apart from most extraditees. She said sex abuse allegations often arose long after the offences and that suitable healthcare would be available to Mr Donnelly in custody.
Just when you think you got away with something, this happens. Kudos for going straight after fleeing to Australia, but the past will catch up to you, either in this world or the next.
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| Kane Loxley Donnelly's Lawyer |
A warrant was issued in 2007 for the arrest of John Donnelly on four charges that alleged ''lewd, indecent and libidinous'' practices and behaviour against three girls from 1978.
Mr Donnelly, a permanent resident of Australia for almost 40 years, was bailed last December and in Melbourne Magistrates Court on Friday consented to an application for his extradition to Scotland.
His lawyer, Kane Loxley, then applied to magistrate Franz Holzer for bail pending the federal Attorney-General's final decision on Mr Donnelly's extradition, submitting it was ''difficult to imagine a lesser flight risk'' than his client.
Mr Loxley said Mr Donnelly, a grandfather of 11 supported in court by his children and with no prior convictions, migrated to Australia in 1974 and now had type 2 diabetes and was on medication for a range of ailments.
Solicitor Annika Memery, for the British government, disputed the argument that Mr Donnelly had shown there were special circumstances why he should be bailed.
Just when you think you got away with something, this happens. Kudos for going straight after fleeing to Australia, but the past will catch up to you, either in this world or the next.
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