Co Tyrone pensioner who was accused of rape to sue Irish state after extradition and legal proceedings ended
Extradition proceedings against a Co Tyrone pensioner accused of raping a woman in the Republic of Ireland have been ended, it was confirmed on Tuesday (September 29).
The 70-year-old was being sought to face prosecution over allegations of sexual assault and false imprisonment in the Galway area in 2022. But a judge formally discharged him after the Irish authorities withdrew their extradition warrant.
James O’Rourke, of Derryvale Road, Coalisland, is now set to sue the state for unlawful detention, his lawyer disclosed.
He was initially interviewed by gardai and strenuously denied the allegations made against him. Mr O’Rourke then returned home to Northern Ireland before detectives could carry out any further interviews.
An extradition warrant issued in the Irish Republic led to him being voluntarily arrested earlier this month. It was previously disclosed that the case involved alleged offences committed while he was on holiday.
Mr O’Rourke had been released on bail under a series of conditions, including a curfew, electronic tagging and orders to report to police in Dungannon three times a week.
He was set to contest legal attempts to have him stand trial in the Republic of Ireland. But at Belfast Extradition Court it was disclosed the case against him had ended.
Her Honour Judge Laura Ievers told him the warrant has now been withdrawn. “You are formally discharged,” she confirmed.
Mr O’Rourke is no longer subject to any court proceedings or bail conditions.
Following the outcome his solicitor, Michael Madden of Madden & Finucane law firm, said: “Mr O’Rourke has always denied any wrongdoing and has never been charged with a criminal offence. We are lodging proceedings for unlawful detention imminently.”