High Court quashes district judge’s order for extradition

09.10.15 | |

On 9 October 2015, Supperstone J. handed down judgment in the case of Wawrzyczek v Poland in which he found that extradition would breach section 20 of the Extradition Act 2003. Section 20 EA provides that extradition is barred in circumstances where a person has been convicted in their absence, without their knowledge, and they are not entitled to a retrial if returned.

 

In so finding, Supperstone J. quashed District Judge Ikram’s finding that the appellant had deliberately absented himself from the trial processes in Poland, and further found that the district judge had been wrong to prohibit the appellant from relying on further evidence following the extradition hearing. This evidence undermined the prosecution’s position that the appellant had been served personally with notification of the trial processes in Poland, which in turn fatally undermined the district judge’s assessment of the appellant’s credibility.

 

Graeme Hall represented the appellant, and was instructed by Lansbury Worthington Solicitors.

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