Extradition looms over Jerseyman accused of child cruelty

Monday 18 February 2019

A 31-year-old Jerseyman accused of cruelty towards a seven-week-old baby in Ireland could be extradited after failing to convince a Magistrate that he was in danger if sent back.

The Attorney General will now have the final say over whether Daniel Broadleday, who spent two years in Ireland after leaving the army in 2014, should leave Jersey, following the Magistrate's Court finding last week.

The court heard that it was during his time in Ireland that he allegedly harmed a seven-week-old baby, leading it to have suffer seizures and other serious injuries.

Acting on behalf of the Republic of Ireland in a hearing to establish whether Mr Broadleday should be extradited, Legal Advisor Paul Lee told Magistrate Bridget Shaw that he was accused of assault and cruelty to children relating to an alleged offence two years earlier, and that an extradition request had subsequently been made in November 2018 so that he could face court over the charges.

But Advocate Sarah Dale, defending Mr Broadleday, said that the accused shouldn't return, because of fears he would be harmed. She said he had received threats in messages and phone calls from people he knew, and worried that they would "materialise".

Pictured: Mr Broadleday said he was threatened repeatedly over texts and phone calls.

Answering questions before the court, Mr Broadleday said that he hadn't told anyone about the threats because he thought no one would believe him. He continued: “If I am extradited, you might send my death certificate for me, because I know for a fact something will happen."

He described Limerick, where the offences allegedly happened, as "Stab City" and one of the most violent places he had been to, adding that he regretted ever going there and that the threats had led him to contemplate suicide.

He also told Court he had a stable relationship with his fiancée in Jersey, who they suspected had recently fallen pregnant. During later questioning, Mr Lee pointed out that this had happened after Mr Broadleday became aware of his potential extradition. 

Mr Lee also grilled him over the chain of events surrounding the alleged assaults. Mr Broadleday was unable to explain the discrepancies between information provided in a statement and what he said in court on the day of his extradition hearing.

While he couldn’t confirm the last time he had received threats, he admitted he had not received any this year. 

Returning her decision, Magistrate Bridget Shaw told Mr Broadleday that the alleged offences he was accused of would carry an unlimited penalty in Jersey and were serious enough for him to be extradited.

She said that, having heard him discuss the threats he allegedly received, she had found him to be a "wholly unreliable and unconvincing witness", who "contradicted" himself. 

Pictured: The Attorney General, Robert MacRae, will now have the final say on whether Mr Broadleday is sent to Ireland.

"I am not persuaded of the veracity of the threats," she told him, adding that she was equally unconvinced that his mental health had suffered, as there was no medical evidence to support this. She also reminded Mr Broadleday he had "plainly lied" to the Irish authorities by telling them he suffered from PTSD. 

Magistrate Shaw added that the separation of families was "one of the inevitable consequences of extradition", but ultimately concluded there were no grounds for him not to be sent back.

She therefore referred the case to the Attorney General, Robert MacRae, who will have the final say on the decision. The Attorney General has two months to make a decision but the Legal Advisor said it was likely to take less time.

Once a decision has been reached, Mr Broadleday will have 14 days to appeal if he wishes to do so. He has been released on bail in the meantime.