Stunning Extradition Success

K -v- The Judicial Authority in the Czech Republic

Appellant arrested on Euro Arrest Warrant on 28 January 2010. Czech Republic requesting state. Warrant issued March 2009 relating to his conviction for nine offences including three offences abduction, trading women etc. Offences alleged to have occurred 12 August 1993 – 20 April 1994. Appellant convicted in absentia and sentence to nine years imprisonment effective as of 18 December 1997.

DJ Riddle ordered appellant’s extradition on 8 April 2010 after extradition hearing on 15 March 2010. Appeal lodged to High Court, Admin Court QBD under section 26 of the Act.

Grounds of appeal – appellant’s extradition barred by reason that it would be oppressive and/or unjust to extradite him due to the passage of time, under s.14 of the Act. Additionally argued that appellant should be discharged as EAW did not contain sufficient assurance that the appellant would be entitled to re-trial as required under S. 20 of Act.

Appellant in custody since arrest. Appeal hearing listed on 14 July. Appeal successful on grounds would be oppressive to extradite. It was accepted that there had been a 16 year delay and no explanation for delay had been provided by Czech Republic.

Solicitor: Leila Rasool, assisted by Samantha Rowle; Counsel: James Stansfeld of Great James Street