McDwyer loses High Court appeal against extradition to Croatia on mental health grounds

Mr Justice Eyre has dismissed an appeal against extradition to Croatia brought by Sean McDwyer, finding that neither his mental health condition nor the interference with his Article 8 rights rendered extradition oppressive or disproportionate.

The High Court heard McDwyer's challenge to District Judge Snow's March 2023 order for his extradition pursuant to a Croatian accusation warrant. McDwyer faced charges of possession with intent to supply 29 MDMA pills and 0.6g of cocaine following his arrest at a Croatian music festival in June 2017. After being released on bail conditions prohibiting him from leaving the court's jurisdiction, McDwyer fled to the United Kingdom, accepting his status as a fugitive.

The appeal centred on two principal grounds. First, McDwyer contended his mental state created such a risk of suicide that extradition would be oppressive under section 25 of the Extradition Act 2003. Second, he argued the District Judge erred in assessing whether extradition constituted a disproportionate interference with his Article 8 rights, particularly regarding the delay between his flight and the warrant's issue.

The court received substantial evidence about McDwyer's mental health history, including his detention under the Mental Health Act in 2021 following an adjustment disorder diagnosis. Psychiatric evidence from Dr Nuwan Galappathie detailed previous suicide attempts and hospitalisations, particularly following his mother's death in April 2023. Dr Galappathie opined that extradition would likely cause "substantial deterioration" in McDwyer's mental health, potentially triggering a moderate to severe depressive episode with heightened suicide risk.

Applying the established Wolkowicz test, Mr Justice Eyre acknowledged McDwyer's vulnerability to stressors and history of suicidal ideation progressing to action. However, the judge noted that whilst Dr Galappathie described the suicide risk as "difficult to control", he did not suggest it was unmanageable. The judgement emphasised the presumption that Croatian authorities would discharge their responsibilities to prevent suicide, finding insufficient evidence to rebut this presumption.

Regarding proportionality, the court examined the delay between November 2017, when Croatian authorities discovered McDwyer's flight, and the warrant's issue in June 2022. The judgement found McDwyer bore primary responsibility for this delay as a fugitive. Even adopting a more favourable approach, any weight attached to the delay would be modest and insufficient to outweigh factors favouring extradition.

The judge acknowledged McDwyer's mental health difficulties as relevant to the Article 8 assessment but of "very limited weight" given the high threshold required under section 25. The court considered McDwyer's role as weekend carer for his nine-year-old son and previously for his terminally ill mother, alongside anticipated language barriers in Croatian detention.

Mr Justice Eyre concluded these factors were outweighed by the strong public interest in honouring international extradition obligations, discouraging the UK from becoming a refuge for fugitives, and respecting Croatian judicial decisions. The seriousness of the alleged offences, carrying a maximum 12-year sentence under Croatian law, reinforced the proportionality of extradition despite its impact on McDwyer's private and family life.