Mary Westcott wins 3 extradition cases in 1 week

04.11.16 | |

 

31 October 2016:  Poland v Robert Krzykalski

 

District Judge Ikram discharged Mr Robert Krzykalski from a Polish EAW for 25 allegations of fraud from December 1999.  The Court could not be sure that Mr Krzykalski was a fugitive, despite failing to stay at his registered address after a formal interview in 2001. 

 

The District Judge found “… a very substantial delay in this case lies entirely at the door of the JA … the enforceable decision dates to 2012 because there was a substantial delay in the final decision on all charges till 06 May 2011”.  

 

“It is understandable after such a long period, the RP believed the matter to be closed.  Therefore, notwithstanding the RP’s own actions in moving address, the delay in this case cannot be attributable to a conscious decision of the RP to frustrate the authorities.”

 

Taking into account Mr Krzykalski’s good character and stable job, extradition would be oppressive and / or breach his Article 8 right to a private life (he has no family ties).

 

Mary was instructed by Harry Grayson of Shaw Graham Kersh

 

 

1 November 2016:  Greece v Paul Wright

 

District Judge Snow discharged Mr Paul Wright from a Greek request for him to complete 15 months in custody (or pay a c. £3500 fine).   A Greek Court had convicted and punished Mr Wright in his absence during 2006, for a joyriding and criminal damage offence from 2003.   The EAW was not certified until 2015.  

 

The extradition Court found the delays “appalling”.  There was no proof of a right to retrial and extradition would be cause a disproportionate interference with the Article 8 rights of Mr Wright and his family, including his pregnant wife. 

 

Mr Wright was discharged on the day of the extradition hearing.  The CPS indicated an intention to appeal. 

 

Mary was instructed by Sean Caulfield of Hodge Jones & Allen.

 

Press Release: Hodge Jones & Allen

Press coverage: The Independent and The BBC.

 

 

4 November 2016: Lakatosz v Poland (CO/1759/2016)

 

Collins J overturned the extradition order made by District Judge Margot Coleman to discharge Mr Adrian Lakatosz from a Polish EAW in relation to theft offences from 2012.  A Polish Court had decided to enforce a previously suspended 14 month sentence.   

 

Collins J noted the District Judge’s finding that the Appellant was “at best extremely dishonest” but accepted fresh evidence and found that the Respondent had failed to establish deliberate absence and a right to a re-trial (S20).   It could not simply be assumed that the Appellant’s right to a fair trial would be respected if surrendered.  

 

This was the first case to consider today’s Divisional Court Judgment in the joined Romanian cases of Zagrean, Sunca and Chihaia & Others [2016] EWHC 2786 (Admin).  Despite the Divisional Court’s guidance that the definitions of deliberate absence within Article 4A of the Framework Decision are not exhaustive, it was unfair to conclude that Mr Lakatosz’s had shown “a manifest lack of diligence” so that “he sought to avoid service of the information the court sent” (see Dworzecki, C-108/16 PPU at para 51 – 52). 

 

The decision demonstrates that S20 remains an effective challenge to an EAW, irrespective of adverse findings of fact by a District Judge and recent case law.

 

Mary was instructed by Rebecca Weale at GT Stewart.

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